The Dickinson press., 1917-08-04
JUDGE ROBINSON
SAYS THERE IS NO
ND. BONE DRY Law

"There is no bone dry law in North
Dakota" says Justice J. E. Robinson
of the Supreme Court. "Section 217
the prohibition section Of the con-
titution-forbids only importations
of liquor for sale or gift. It forbids
the importa tion of liquor except for
personal use. The Legislature can
not in any way amend or repeal the
constitution. They cannot add to or
take from it one jot or title. It is
the supreme law.
"The purpose of the prohibition
section was to do away with the sa-
looms and the local traffic in liquors,
and not to make it bone dry, only for
that thriftless class of people who do
not know enough to care well for
themselves and their families. With
a bone dry clause or sentence, the
chances are that the prohibition Sec
tion would not have been adopted
either by the Convention or the peo-
pie.
AT the last session of the Legis-
lative Assembly two bills were in
troduced to amend, or rather to over
ride, Sec. 217 Of the constitution.
Senate Bill IS, as introduced and
printed, was bone dry; it did not per-
NIT importation for personal use, but
some good Senators consulted Judge
Robinson and were advised that they
could not in that way override or
change the constitution, and the bill
was amended by striking out the
clause on personal use.
!, "House Bill 80 was a bill for an act
providing regulations for the deliv-
cry, receipt and possession of intoxi-
eating liquors. The purpose Of this
bill was to regulate the sale of liquor
by druggists; and not to override the
constitution. This latter purpose was
given it by a. hocus pocus senate
amendment. The bill, as amended by
the Senate, came up in the House for
a third reading and final passage
on the last day of the session. The
doings Of the House on the last dav
make record covering 149 pages of
the Journal. Seventy-nine bills were
passed with the yea and nay votes
taken and noted, and among them
was House Bill SO. Of course it was
not read. There was no time for the
reading of 70 bills and no time for
the legal calling of the rolls and not
ing the votes, the signing of the bills
and various other matters covering
record of 149 pages. I am told by
one Justice of our Court that he was
present on this last day when the roll
was called on thirteen bills at the
same time. -.ss
"Now every provision of the con-
stitution is imperative and manda-
tory, and hence an act does not be-
come law unless it is passed ac-
,cording to these provisions:
"Sec. So. No bill shall be so al
tered or amended on it's passage
through either House as to change
it's original purpose.
"Sec.. 81. No bill shall embrace
more than one subject, which shall
be expressed in it's title.
" '"Sec. SO. Every bill shall be read
three several times, and the first and
third readings shall be at length.
Sec. 65. No bill shall become a
law except by vote of a majority
Of all the members to each House,
nor unless on it's final passage the
vote be taken by yeas and nays, and
the names of those voting be entered
on the Journal. s
"Sec. 66. The presiding: officer of
each House shall, in the presence of
each House, sign all bills passed by
the Legislative Assembly; and imme-
diately before signing them their
titles shall be publicly read and the
fact Of signing shall be at once noted
on the Journal. {
These are the several objections
Continued on Page Four)
E 49, Z.