The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1916-11-16
S. D. PROHIBITION
MAY Be POSTPONED
TO DECEMBER, 1918
Legislative Act, Provid
ing Penalties, May
Be Referred Back.
LEGAL TANGLE is
LEGAL TANGLE is
Aroused by Passage of Dry
Amendment at General
Election Last Tuesday.

Although the prohibition amend
meht TO the constitution was adopted
by a satisfactory majority, it is high
ly within the bounds OF possibility
that an interesting legal question
may arise regarding the sale of in
toNlcating liquors within the state
from July / 1917 until December,
ISIS, ana That as result the pres
ent liquor law may remain in force
until the latter date.
The problem arises out of and is
based upon the decision of the state
supreme court which was handed
down in the case of State VS.. Brad
ford Cl2 S. D207D. Bradford had
been indicted by the grand jury of
Meade county for violating law of
1897 regarding the regulation and re-
strlcllon of the sale of liquors. The
amendment providing state control
of the liquor traffic had been passed
in 1898 and Bradford had been dealt
with as If the old liquor law had been
abrogated by the new amendment.
supreme court, Dighton Corson then
presiding judge of the supreme bench
ruled that the amendment was not
self-eNecutng and did not become
effective as such until the legislature
prescribed regulations for its en-
forcement and provided suitable pen
alties.
Needs Legislation Act.
The second clause of the 1898 "a
mendment contained statement that
the legislature should prescribe
means of enforcement and suitable
penalties. The court concluded that
in this, the amendment admittedly
looked to a future time for fulfill
ment and was therefore not in force
until legislative action.
The decision of the North Dakota
supreme court upon this identical
question was used as the basis for
the South Dakota opinion. In the
North Dakota case, man attempt
ed to sell liquor without reference
TO the old law as soon as the amend
ment came into force. He was con-
victed upon the ground that the old
law remainded in force until re-
pealed.
This stand has been many times
supported by supreme court decisions
in other states. Such course is in
evitable when the amendment con-
tains a clause which puts the duty of
passing REGULATE upon the legis-
lature. If the provisions were con-
tanned in the new law no further ac-
ton would be necessary. but if not.
"a nj In NC
to check the unrestricted sale of Ii
quor as to permit somewhat re-
stricted sale, until it is repealed.
With this view point. the legal
question as to what will be done in
South Dakota arises The amendment
provides that the sale of liquors shall
be stopped after July /, but that the
next session of the legisla ture shall
prescribe regulations for the en-
forcement of the provisions of this
article and provide adequate and suit
able penalties for the violation there
Of"
Not Self-Executing. /
In this law, as in the North Da
kota law and the 1898 amendment, /
the legislative provision shows that
the measure is not self-eNecuting.
The duty of providing penalties is
expressly put upon the legislature,
and nothing is contained in the act
which outlines method of enforce
ment.
The method of postponing its opera
ton would then De obvious. When
the legislature passes bill stipulat-
ing the means of enforcement, the
law could be referred to the people
and the result would not be known
until the vote cast at the 1918 cleo
ton had been canvassed This would
postpone the operation of the act
about II months.
There are a couple of points which
may prove obstacles to this proceed
ure. The date upon which the mea
sure is to take effect is given,-a
point which was overlooked when
the amendment of 1898 was drafted.
Again, it is barely possible that the
supreme court may decide that such
a law passed by the legislature is
not referrable, and thus allow the ,,
measure to take effect upon July l, ,
1917, as the date provides.
The question is sure to draw forth
I large amount of discussion among
the legal talent Of the state, and with y
It's possibilities in mind. every move
made in the coming session of the
legislature will be eagerly watched
by both sides. !,