Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-04-23

the enforcement, not only of the
prohibition law, but a. separate set
of such officers could likewise be ap-
pointed for the enforcement of each
criminal statute in the code. What
might be done under such rule of
construction is the test. A mere
statement of the proposition ought
to suffice to demonstrate it's utter
fallacy, even to the mind of the Or
binary layman. It is no answer to
say that because the state as such is
primarily interested in the enforce
ment of criminal laws that it may
take their enforcement out of the
hands of those to whom it has been
entrusted by the people by constitu-
tional right. This is placing the
police power of the state above the
constitution, the paramount law of
the land, which cannot be done. The
'exigencies of the situation do not
demand, nor do they justify such
result. 1t is of far greater import
ance to our people that the consti-
tuition be maintained unimpalred
than that any statute be upheld,
however important it's provisions
may appear. The attempted legisla-
ton is not only unconstitutional,
but it rests upon an unsound and
unwarranted assumption that such
appointive officers will necessarily
more faithfully and effectually en-
force the law than the constitutional
officers elected by the people. There
is no assurance that such appointive
officials will necessarily be in SYM
pathy with law enforcement. The
governor may be supplanted by an
other every two years, but be that
as it may, it would appear that a
radical change in the constitution is
necessary before their appointment
can legally be provided for. In the
face of our constitution the legisla-
ture could not provide that such off,
GERS could even be elected by the |
people. and much less can it say
that they may be provided for by !
Where is the lawyer |
who would contend that law would |
oe valid if it provided that at each |!
general election there shall be elect |
I'd, in addition to the governor, at
orney general, judges, states attor-
leys and sheriffs now provided in
he constitution, an enforcement !!
governor, an enforcement attorney
general, enforcement judges, states
lttorneys and special enforcement
heriffs? And that such special en-
orcement officers shall have all the
and statutory powers of
uch constitutional officers and may,
whenever: they gee fit, supplant such
egular officers in the performance
# all their duties in the enforce
nent of all laws? There is no war
ant for claiming that in framing
md adopting Article 20 (the Pro-
libition Art.) of the constitution
which provides that the legislature
hall by law prescribe regulations
or the enforcement of the provi-
ions thereof, that the people in
ended that regulations for such
purpose might be provided, although
n plain violation OF the other pro-
isions of the constitution. Article
0 must be construed so as to- har-
nonize with the balance Of that in
trument IF officers elected by the
eople refuse to do their duty, there
8 an adequate remedy Remove
hem Such remedy has proven ade-
tiate in the past, not only here, but
throughout the Union. But, as above
tated, if a change in the ftrnda-
rental principles Of our government
5 deemed necessary or advisable in
rider to insure the strict enforce
nent of any criminal statute, there
) but one way to legally effect such
the constitution.
---------- - ------------
According to, the Boston dispatch
S, the Russell case is not ended so
ar as the Dakota claimant is con-
erned. Attorney Simpson has been
D in New York, getting additional
violence in the case, and returns
nth the statement that an appeal
ill be taken from the decision of
he probate Judge who denied the
light of Dakota Dan to share in the
state, and pronounced him an i'm
ostor. Application will be made
or jury trial and hearing of the
hole matter de novo in the district
curt. If the same length of time
, taken with the examination of wit
esses and the presentation of testi-