The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1911-02-16
Saloon Forces Com
pletely Routed on
the Measure.
COMBINE
Non institutional Counties
Would Prevent Grab by
Old Pool Of Votes.

COMBINATION Oh institution counties,
to prevent log-rolling in the, appro-
priations and thus hold down their
total.
The anti-combine people claim
enough votes pledged in the house
to head of the special appropriations
demanded by the combine. The in
stitutional representatives. however,
assert that in the end they win con-
troll as they have in the past.
The bank guaranty law in the COM
mittee of the whole is the issue for
the House this afternoon.
SAYS EMERGENCY CLAUSE
WILL NOT BE EFFECTIVE
Sioux Falls, S.. D.-A Sioux Falls
attorney, who has given some consid-
cradle attention to the Legislative
measure known as the daylight sa-
loon bill which provides for the clos
ing Of saloons in South Dakota at 9
o'clock said:
81 do not believe that the legisla-
ture has the power to violate con-
tracts and that will be in my opin-
ion, just what the enforcement Of
this law. If the bill is signed, will
have a tendency to do.
Gin my opinion the holder of ev-
cry license to sell liquor in this state,
is selling liquor under a contract with
South Dakota and that contract holds
good until she first day of July, next,
the end of the term to which present
licenses r effective.
81 do not think the legislature has
right to order the state to vitiate
contracts and therefore I think the
emergency clause viii prove inefec-
tive"
Pierre, 8. D.-The enactment Of
the nine o'clock closing saloon law
is creating a great deal Of comment
on the part Of those who are in favor
Of liberal" regulation. One Of these
theories Is that the saloon men will
have an opportunity to recover on ac-
count Of their licenses being q "con-
Before they would get very
far In that line they would have to
show that they YER injured. and
that they have cause Of action. as the
Law does not In any way attempt to
their licenses. Al to the
matter Of cutting OF the few hours
each day. the supreme court Of this
state has ruled In 90 many different
ways that q saloon Is a creature OF
legislation, and subject to any re-
which the legislature may
place upon It that they would never
get very far along any such line. Tho
court has gone 90 far In q Hand coun-
" case as to hold that the board Of
commissioners could at any
time they saw at revoke any saloon
and that they could not be
to give any reason for their
There is also talk that cities
under special charters are allowed
10 regulate their saloons as they see
1t. While their charters may give
them right to regulate, any attempt
IN their part to regulate In viola-
lion Of the general laws Of the state
saloons would probably
lead the saloon men into the mire
Just a little deeper.
The liquor interests would not
concede until yesterday that they
could not prevent the bills being ac-,
copied by the senate BY the necessary
two thirds vote to make II an emer-
Eency measure and shut them OF
from invoking the. referendum IN It.
hut before the vote vas taken
they knew that their last hope ri
gone. The discussion in the senate
vas wholly on the question Of max
|ng IL an emergency measure. and on
6fOuAU Oh COUSK1CI . WJ0AAu
and Curtiss announced that they
vote for the bill With the
emergency cut OF. but not with It
attached. Brooks was ready to vote
Tor the bill Just as It came from the
and Collins said that It was q
great emergency. and the soon 1t was
4 Law the better: Lockhart declared
hat . saloon license was not . con-
tract in any way. and he was ready
o accept the bill ~ It stood. On the
vote the senators Who were for II
we're: Amsden. Anderson of Auro-
a: Anderson Of Clay; Arneson. Bar
line. Boylan. Brennan. Brooks. Car
'oll. Collins. Cone. Cooley. Dahl.
Duncan. Fleeger. Gemmill. Hedrick.
Hoese, johnson. Lockhart,l'
Miller. Morriss. Mckinney.
Sorbeck. Nyouist. Pearson, Farley,
Ryan. Williams, Wright.
Those in opposition were Curtis,