The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-01-08
LODGE ANOC CLUB BAR
CAMPAIGN WILL
Be PUSHED
Enforcement League on New
Movernent-Arrests
Threatened

maintained in North Dakota will be
varied upon by the North Dakota En-
forcement league a statement to that
effect coming from Supt. f. L. Wat
ktns OF the organization. That such
bars are in conflict with the letter and
the spirit OF the prohibition law, and
OF the statutes made and provided. Is
the contention Of the enforcement
league superintendent, and he backs
up such contention by an opinion
from the attoreS general.
1T is the intention Of the league"
says Superintendent Watkins. Ito
wage a campaign on such institutions.
u We would rather have such places
closed willingly. by the organizations
maintaining them, rather than by
prosecution"
In q letter to the attorney general.
Superintendent Watkins states that
complaints have been made to the ef-
fect that such bars arc maintained.
Question Of Liability.
In part. his letter to the attorney
general follows:
cases that We have against such clubs
as to who is liable to prosecution and
az to the duties Of states attorneys
who may or may not belong to these
clubs. when they know OF such viola
tions.
1T is the purpose of the North pa-
kota' Enforcement league to begin
prosecutions Of these clubs and VIC
respectfully ask for the follow
ing information:
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 Da-
kota.
p Will you state what the duties
OF the states attorneys are in relation
to these clubs when they know OH
OF such violations.
May We expect the assistance
OF the attorney generals office in the
enforcement Of the laws OF North Da.
kota relating to such clubs?"
Defines Situation.
The reply OF the attorney general in
part follows:
In answer to our first question. /
call your attention to section 9377, re-
vised codes Of 1905, which is as fol-
lows:
Sec. 1917. Clubhouse prohibited.
Penalty. Every person who shall di-
rectly or indirectly, keep or maintain,
by himself or by associations or com.
bining with others. or who shall in
any manner aid. assist or abet, in
keeping or maintaining any clubroom
or other place in which any intoxicat-
ing liquor is received or kept for the
purpose Of use. gift. barter or sale as
a beverage. or for distribution or di-
vision among the members Of any
club or association by any means
whatevcr; and every person who shall
Use. barter, sell or give away or as
sist or abet another in bartering. SELL
ing or giving away. any Intoxicating
liquors so received or kept, shall be
deemed guilty of a misdemeanor. and
upon conviction thereof shall for the
first offense be punished by a fine Of
not less than $500 nor more than
$1,000. and by imprisonment in the
county Jail not less than ninety days
nor more than one year, and for every
successive offense be punished by inn
prisonment in the penitentiary not to
two years and O less than
one.'
1.-THE language Of this section is so
certain n plain that it is subject to
but one construction. namely. that
every person who in any nj as
sists or abets In keeping or maintain
ing any clubroom or any pace in
which intoxicating liquors is received
or kept for the purpose of use, gift.
barter or sale as a beverage. or for
distribution and division among it's
members by n mean whatever. vio-
latss this section and is subject to the
penalties provided therein.
Answering your second question,
the duties Of the states attorney are
to enforce. within his county. all Of
criminal statutes Of the state.
among them the section above quoted,
and in the enforcement Of this partic.
ular section he should be guided by
the same rule Of diligence applicable
to any other criminal statute.
I'm respect to the third and last
question ~propounded. I may say it is
primarily the duty Of the states attor.
ney to enforce in his county the laws
Of this state. Under section 9372 1t
becomes the special duty Of the attor.
ney 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 re.
fuse to perform faithfully his primary
duty. namely. to in good faith enforce
the law"