The Brookings register. [volume] (Brookings, Brookings County, S.D.) 1903-1971, 1911-02-16
Wesley SIGNS
DAYLIGHT BILL
NEW LAW is NOW IN FORCE IN
THIS STATE.
SALOON MEN MAY FIGHT IT
VALIDITY OF THE EMERGENCY
CLAUSE is QUESTIONED.

A Pierre dispatch says that the sa-
loon which was open after 9 O'Clock
Thursday night in South Dakota was
open in violation of the law, which
went into effect at $3.50 that after
noon, when the daylight saloon bill re-
ceived the signature OF Gov. Vessey,
the law being an emergency measure
wLicL became effective ut the time of
the approval of the enactm mt by the
executive.
Many saloon men claim that the law
is a violation of contract with them by
the licenses which they hold. which
run to the first of next July. On hat
contention the supreme cour of this
state has held in many different cases
that IA saloon is a creature of legisla-
ton alone and subject to any restric-
tons which the legislature may pro
vide for its control; that it is not likely
to reverse itself in case anyone de-
sires to test the present law.
The court in a Hand County case
went so far as to say that any board
which granted a license could at any
time revoke the same and could not
be called into court to show or give
any reason for its action. 1t is also
contended that the saloon men will
have grounds for damage suits on ac-
count of the law, but as It has in no
way attempted to invalidate the H.
censes which they hold subject to
legislative regulation they will have
little ground to stand on in such a
contention; and if they started suit
they would have to prove loss before
they could ecove
The saloon men themselves are re-
sponsi5le for the enactment of the
law in its present form, as the legisla-
ture would have been willing to pass
1t as an enactment to go into effect in
ninety days, but were up against the
direct statement Of the liquor men
hat If it passed without the
clause they would invoke the referen-
dun, and the emergency feature was
forced in to head off the taking of the
law to a vote, thus holding 1t up two
years, as the liquor interests an
nounced they would do If given an
opportunity.
Following is the new law now in
force:
BE it enacted by the legislature of
the State Of South Dakota:
Section /. That section 2847 of the
Revised Political Code of 1903 is
hereby amended to read as follows:
Section 3S47. All saloons, restaurants,
bars in hotels or elsewhere, and all
other places, except drug stores, where
any of he liquors mentioned in this
article are sold, or kept for sale, either
at wholesale or retail, shall be closed
on the first day of the week,
ly called Sunday, on all election days
from b O'Clock in the morning until 6
O'Clock in the evening, and on each
week day night from and after the
hour of 8 o'clock until 6 o'clock In
the morning Of the succeeding day.
And 1T shall be the duty Of sheriffs,
marshals, constables and police Off
GERS to close all saloons, houses or
places that may be found open In yio-
lation of the provisions of this article,
and to report forthwith all such viola
tions to the states attorney, whose
duty it shall be to Immediately prose-
cute for the same
Sec. 2. All acts or parts of acts in
conflict with this act are hereby re-
pealed.
Sec. 3. An emergency is hereby de-
clared to exist, and this act shall be in
force from and after it's approval"