The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1915-02-27

field S. Hammond yesterday, the
states chief executive announced
that he will take no action until
Monday.
Representative W. 1. Norton, who
is attorney for the Anti-Saloon league
and had much to do with drafting the
measure, secuted suggestions that
the bill might be unconstitutional.
Doesn't Fear Validity.
Il have not the slightest fear for
the validity of the BILL" said Mr..
Norton, "althOugh I expect that an
attack will be made upon it in order
to tie it up in the courts and delay
it's operation.
"F. w. Zollman, attorney for the
Minnesota Brewers association, rails
ed a question in the hearing on the
bill by the house temperance commit
tee. He said it delegated legislative
authority to the voters to suspend
the operation of the law. This point
has been passed upon in several
states and in every case the law has
been sustained. Such a decision was
made in Indiana, in particular, as I
remember"
Minnesota Case Cited.
A recent Minnesota decision has
ho0n Nifn1 fN oiuo onnN,,ro roponrt ~
the opponents of county option. The
supreme court held invalid a law pro-
hibiting a saloon within one mile of
any city or village that has voted
dry. 1t was attempted to invoke this
law to close saloons in the village of
Monterey, which had voted to be wet,
on the ground they were within a
mile Of Triumph, which had voted
dry. The court decided hat the vo-
tiers of n village, could not legislate
for another village.
"This case was wholly different
said Mr.. Norton. 1.-The court held
that the people of Monterey had not
had a vote on the question:"
Calls Three-Year Clause Illegal.
Another supposed flaw in the coun-
ty option bill is in it's provisions that
the question of license may not be
voted upon oftener than once in
three years in any county. This has
been objected to as taking away the
rights of voters. Mr.. Norton said
like provisions had been upheld in
other statutes, such as in the county
division law, which prohibits a vote
in five years. The North Dakota SUI
preme court had sustained this pro-
vision specifically, he said.
Attorney General Silent.
Attorney General Lyndon A. Smith
declined to discuss the question of
constitutionality of the law, saying
he would be asked to pass upon it
officially, as all bills are sent to him
from the governors office for an
opinion on their validity before being
approved by the executive.
Follows Eight Years Fight.
The vote Wednesday on county op-
ton came as a climax of a fight that
has been in progress eight years, with
the temperance forces gaining steadi-
ly in each campaign. The measure
has been backed all the time by the
Minnesota Anti-Saloon league, which
has kept an organization in the field
to induce temperance men to run for
the legislature and to aid in their
election. In the 1907 and 1909 ses-
sions the issue was up, but did not
attract much attention. In 1911 a
hard fight was made, but the bill
failed in the senate, "a to 81, and in
the house, SO to 50.
In 1913 the bill fell two votes
short in the house, the roll call stand
ing SO to SO, with 81 votes needed.
The same senate being in office the
issue was not raised there again.
Issue in 1914 Campaign.
County option was the leading is.
sue in the recent state campaign. w
E. Lee, republicans candidate, de-
clared for it. Governor" W.: S. Ham
mond said he that he did not think
much of county option personally
but that the issue1would' be decided
CONTINUED on last page.)