The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-01-08
WILL Go AFTER
CLUBS OF STATE
REV. r. l.. WATKINS, sUPERIN-
TENDENT OF N. D. ENFORCE
MENT LEAGUE GETS OPINION
FROM MILLER REGARDING USE
OF INToxIcANTs IN CLUBS.

The following communication was
sent to The Forum by Rev. f.. l..
Watkins, with the request that it be
given publicity:
Rev. F. L. Watkins, Supt. N. d. En-
forcement League, Bismarck. N. D,
Dear Sir: 1 beg to acknowledge re-
ceipt of your favor under date of Jan.
2, in which you say:
Repeated complaints are coming to
me from over tie state of demoraliz-
ing influence Of clubs where intoxicat-
ing liquors are kept for beverage pur-
poses, such as the Owls, Moose, Elks,
Social and other clubs.
"The question has arisen in some
cases that we have against such clubs
as to who is liable to prosecution and
as to the duties of states attorneys who
may or may not belong to these clubs,
when they know of such violations.
1T is the purpose of the North Dako-
ia Enforcement league to begin pros
Lecutions OF these clubs and we would
respectfully ask for the following i'm
formation:
Il. Will you give me your legal
opinion as to whether clubs or places
where intoxicating liquor is taken and
kept for beverage purposes and where
persons resort to drink the same, are
in violation of the laws of North Dako-
Ia?
"2. Will you state what the duties
of the states attorneys are relation
to these clubs when they know on their
no ~ or - fnFowpoad hr n46Ar. - -..zI
violations?
"3. May we expect the assistance Of
the attorney generals office in the en-
forcement of the laws of North Da-
kota relation to such clubs?"
In answer to your first question, I
call your attention to Sec. 1877, Re-
vised Codes of 1905, which is as fol-
lows:
Sec. 9s77. Clubhouse prohibited.
Penalty. Every person who shall di-
rectly or indirectly. keep or maintain,
by himself or by associating or com
bining with others. or who shall in any
manner aid. assist or abet, in keeping
or maintaining any clubrooom or other
place in which any intoxicating liquor
is received or kept for the purpose Of
use, gift, bkarter or sale as a beverage.
or for distribution or division among
the members of any club or associa-
ton by any means whatever: and ey-
cry person who shall use. barter. sell
or give away or assist or abet anoth-
er in bartering. selling or giving away,
any Intoxicating liquors so received or
kept, shall be deemed guilty of a mis-
demeanor, and upon conviction there
of shall for the first offense be punish
ed by a fine of not less than 5000 nor
more than $1,000, and by imprison-
ment in the county Jail not less than
ninety days nor more than one wear
and for every successive offense be
punished by Imprisonment in the pen
~itentiary not to exceed two years and
not less than one.
The language of this section is so
certain and plain that it is subject TO
cry person who in n manner assists
cry person who in any maner assists
or abets in keeping or maintaining any
clubroom or place in which intoxfcat-
ing liquors is received or kept for the
purpose of use. gift. barter or sale as
a beverage. or for distribution and d.
vision among its members by any
nlSduS WNdL6Ncks VkOAdiS5 IHlS SGcT1On
and is subject to the penalties provid-
ed therein.
Answering your second question. the
duties of the states attorneys are to
enforce, within the county. all of the
criminal statutes of the state. among
them the section above quoted, and in
the enforcement OF this particular sec
ton he should be guided by the same
rule of diligence applicable to any 9TH
er criminal statute.
In respect to the third and last oues-
ton propounded. I may say it is pri-
marily the duty Of the states attor-
ney to enforce in his county, the laws
of this state. Under Sec. 9372 it be-
comes the special duty Of the attorney
general to enforce the provisions Of
the prohibition law In any county in
the state when the states attorney OF
such county shall neglect or refuse to.
perform faithfully his primary duty,
namely, to in good faith enforce the
law.
II in the performance Of your du-
ties, you find that any satet's attorney
is either unwilling, unable, or neglects
or refuses to enforce the provisions OF
the prohibitory law In his count and
either generally or In respect to GER
tain clubs mentioned in your letter,
and you will lay before me the Evil
dence Of such fact. I win prosecute.
Very truly yours. Andrew Miller, at
torney general.