The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1917-02-15
Readers Column

our state legislatures with Sunday
bills by the score One thing is Ger,
tain-we are going some-but not
ahead. 1t is high time that American
citizens who believe in civil and re-
ligiOus freedom and a separation or
church and state raise their voices in
protest against this backward tend
ency. Ill.,
Eternal vigilance is the price OF
liberty"
Respectfully yours,
(Signed) S. Il. JACKSON.
TAKES ISSUE WITH ROBINSON.
Center, n. D., Feb. 10, 1917.
Editor Tribune: 49,.
While highly respecting Judge ROD
inson fer his Independent stand, as
we'll as for other exemplary charac'
teristics, | must take issue with him
on one point in his letter published
January II and, meanwhile, ask a
few pertinent questions of commun-
ity interest regarding some other
items.
Relative to the "wne case | am
not purporting to discuss the moral
or legal rights of the parties to pur-
chase or use the wine, nor If they
come under sections 10l22-10l23 or
the penal code, nor as to whether the
party selling it is a boOtlegger as de-
fined in House Bill ia OF 1915 SEES
sion laws, or has committed an un-
lawful act as outlined in section 1Ol32
compiled laws, nor as to the jurlsdlc'
ton of Justice of the peace.
But would ask why, while quoting
section ! of our constitution, "All
men have a right to acquire, possess
and defend property and to pursue
and obtain safety and happiness. he
didn't quote section 2, "All political
power is inherent in the people. Gov
eminent is instituted for the protec'
ton, security and benefit OF the peo-
pie and they have right to alter or
reform the same whenever the pubic
good may require"?r
Why didn't he tell us that the fund
amental constitutional rights OF pri-
vate parties must yield to the funda-
mental, inalienable rights Of the com
| mOnWealth? ts . &c..
That there is a function Of our adj
ministrative machinery, a branch
charged with the promotion Of public
health, safety and morals and the pre-
vention, detection and punishment OF
crime, called the police power of the
state; that this power may validity. in
cidentally infringe on the constitu
tional, or so-called absolute rights OF
individuals in seeming cOntraventlon
of the Life, Liberty and Property
clauses of our constitutions, both
state and federal, even to the extent
of trial and deprivation of liberty
without a jury as in police court T.;
and SO FAR as to destroy property
without a plea of guilty or verdict OF
jury" as in cases Of fire, ETC., where
it seems necessary as a matter OF
public protection? f,.
Why didn't he say "the constitution
is the skeleton,o or framework upon
which our laws are builded. 1t was
not intended to fully detail all law?
Then, instead Of saying Section 2l7
of the constitution plainly says to the
legislature, Thus far shalt thou CO.
and no further" wouldn't it have
been more accurate to have said "Sec'
ton PIT of the constitution plainly
says to the legislature, thus far thou
shalt go the details we leave to
YOU? 1t is other sections of the Dec,
larations of Rights which say thou
shalt go no further, except as laws
permit 1Hs2sc Wis n ..--e.----,.,,,- & .s.s5,3
Regarding this prohibition article
section Eli, isn't it just as mandatory
and imperative that the Legislature
"prescribe regulations for the en-
forcement of the provisions of this ar
ticle" as it is that the penalties be
Suitable? E,%
Passing over these, it is here take
issue: He says, ut is certain thai
section 217 does not make it a crime
for any person to import liquors for
his own use, and the legislature can,
not make it crime" (The emphasis
is mine.) " ~r
Let us first define crime. A crime
is not necessarily a deviation from
moral rectitude. Nor is the WORD
crime, technical term to the extent
that felony and 'misdemeanor
are. 1t is a term Of a general nature
a convenient general phrase, and Is
synonymous with the expression, "of
Tense against the public In fact. our
code itself defines it thus: "A crime
or public offense7 is an act committed
or omitted in violation of a law for
bidding or commanding it, and to
which is annexed, upon conviction
either of the following punishments
death, Imprisonment, fine" etc. We
find crimes classified as treason, fel'
onies, misdemeanors, and distinguish
ed as nahum in Sc (wrong in and OF
itself, as murderl, and nahum prohib'
itum wrong only because the legis'
lative body or some other authority
has prohibited it,~as doctor who, be-
cause of some failing, cannot, or has
not, obtained license to practice; he
comes to your house, saves the life OF
one of your family, charges you fee
for so doing and has, according to our
code, committed a crime while doing
a good act).' Thus any violation OF