Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-01-08

| should be handed to the editor by eight
o'clock on the morning of the day on which
| publication is deSired.)
The Tribune, Bismarck, N. o.
My dear Sirs:-
! l am enclosing letter to Attorney
General Miller and his answer and
ask that you publish same. have
his consent to publication l am
asking all the dailies to publish it
Monday, January s, 1912
1t will be better to close theo Ii.
quor selling of the clerk this way
than to prosecute and many will stop
and those who do not will have no
one to blame but themselves.
I thank you for past favors and
help for our work and any assistance
you may give us.
Yours respectfully,
F. L. Watkins. Supt.
The following is the letter en-
closed by Mr.. Watkins:
Rev. F. L. Watkins, Supt. N. D. En-
forcement League, Bismarck, N. ID.
Dear Sir: beg to acknowledge re-
ceipt of your favor under date of jan
uary 2, in which you say.
Repeated complaints are coming
to me from over the state Of democrat
izing influence Of clubs where 1ntox-
icating liquors are kept for beverage
purposes. such as the Owls, Moose,
Eagles, Elks, Maennerchor, Deutcher
Bund, social and other like 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 viola
tons.
L. 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 Da-
kota.
2. Will you state what the duties
of the states attorneys are in rela-
ton to these clubs when they know
on their part or are informed by 9TH
erS or SUCH VIOLATIONS.
3. May we expect the assistance of
the attorney generals office in the
enforcement of the laws of North Da-
kota relating to such clubs?'
In answer to your question call
your attention to Section 9377, Re-
vised Codes of 1905, which is as fol-
lows:
Sec. 9377 Clubhouses prohibited.
Penalty) Every person who SHALL
or indirectly, keep or main |
tain, by himself or by associatlng or
combining with others, or who shall
in any manner aid, assist or abet,
in keeping or maintaining any club
room or other place in which any in
toxicating liquor is received or kept
for the purpose of use, gift barter or
sale as a beverage, or for distribu'
ton or division among the members
of any club or association by any
means whatever: and every person
who shall use, barter, sell or give
away or assist or abet another IN
selling or giving away, any
liquors so received or
kept, shall be deemed guilty of
nisdemeanor, and upon conviction
hereof shall for the first offense be
punished by a fine of not less than
.hree hundred nor more than one
thousand dollars, and by imprison-
nent in the county Jail not less than
ninety days nor more than one year.
md for every successive offense be
punished by Imprisonment In the
not to exceed two years
md not less than one.' |
The language of this section is so
certain and plain that it is subject to
out one construction, namely, thati
every person who in any manner as,
;ists or abets in keeping or maintain
ng any clubroom or any place IN
which Intoxicating liquor is received
n kept for the purpose of use, GIT,
,arter or sale as beverage, or for
distribution and division among Its
members by any means whatever,
Violates this section and Is subject
o the penalties provided therein.
Answering your second question,
he duties of the states attorneys are
O enforce, within his county, all OF
he criminal statutes of the state,
lmong them section above quoted, and
n the enforcement of this particular
section he should be guided by the
same rule of diligence applicable to
,ther criminal statutes.
In respect to the third and last
question propounded, may say it is
the duty of the states at
orney to enforce in his county the
avs of his state. Under section
'372 it becomes the special duty Of
he attorney general to enforce tne s
provisions of the prohibition law in