Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-04-18

railroad company that the liquor -
S Of the state.
Order Is Signed.
Judge Pollock signed temporary
restraining order last evening at 1880
o'clock. The order is returnable be-
fore him on May 3 and the importa-
tion of liquor for illegal purposes is
restrained thereby pending a hearing
on the order to show cause why an
injunction should not issue.
Should the state win out in this
case and the permanent injunction be
granted it would practically mean
that the importation Of liquor into
this state would cease, it is said.
The States Theory. ,..
The following is general state
ment, in condensed form, OF the
theory of the state in the Injunction
action against the Northern Pacific
Railway company TO, enjoin the i'm.
portation of Intoxicating liquors for
illegal use into the state of North Da.
kota under the Webb law
This action is brought in the name
of the State of North Dakota on the
relation of Henry ]. I,inde, attorney
general, against the Northern Pacific
Railway company in 8Cass connty, in
the Third Judicial district. Applica-
tion is made to Judge Pollock for a
temporary injunction pending the &C.
tion on the merits, based on atfidavits
with respect to importation of large
quantities of Intoxicating liquors into
the City of Bismarck for illegal use,
to be used in said city in violation of
the prohibition law OF the state. The
theory of the State in this action Is
briefly as follows: 1
Importation Prohibited.
Article 20 of Section 217 of the Con-
stitution of North Dakota expressly
prohibits the importation of intoxicat-
ing liquors for sale or gift as bever-
age. Section 10O92 of the 1913 Laws
prohibits also the importing Of intox.
icating liquors for sale or gift. Sec
ton 1876 of the 1918 Laws prohibits
the knowingly receiving, carrying or
delivering of Intoxicating liquors to
or for any person within the State Of
North Dakota by common carriers to
be sold as a beverage. The contention
of the State is that under this consti-
tutional provision and statutory enact
ments the importation of intoxicating
liquors into this state can be prohibit
ed provided, of course, it is intended
to be used in violation Of any law of
the State. Prior to the passage of the
Webb law on March 1st, 1913, the
provision of the constitution and OF
our statutes prohibiting the importa'
ton of intoxicating liquors was in
operative for the reason that it would
conflict with interstate commerce.
The Webb law, however, divested in
toxicating liquors of their interstate
character, and the law reads as fol-
lows.
"An act Dvesting intoxicating IL
quors of their Interstate character in
certain cases and shipment of liquors
into the State in violation of any law
thereof, prohibited"
''That the shipment or transporta-
ton in any manner or by any means,
of any spirituous, vinous,
matted, fermented or other intoxicat-
ing liquor of any kind, from one state,
territory or district of the United
States into another State, territory or
district of the United States, which
said spirituous, vinous, matted, fer
mented or other intoxicating liquor IS
intended by any person interested
therein to be received, possessed,
sold or in any manner used either in
the ordinary package or otherwise, IN
violation of any law Of such state, ter
ritory or district of the United States
is hereby prohibited.' wara a
Provisions Now Operative.
It is apparent that the prohibitions
against the importation Of intoxicat-
ing liquor contained in our constitu-
ion and in the sections Of our statute
above referred to, have become opera
i've and effective by reason Of the
passage of the Webb law divesting in
:oxicating liquor of its interstate
character. In other words. common
carriers and others can no longer
dead the interstate character of the
shipment in defense to prosecutions
instituted under such sections. The
Webb law does not undertake to Gre
tie or describe any offense against
he laws of the state. It merely with
lraws the protection heretofore az
orded by the Laws Of the United
States to certain specific articles of
commerce and permits the state laws