Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1917-08-01
BOOTLEGGING
what is b~ootlegging;

H&& WuhI IN DoOlcS6lHS9
The word is a slang term which. like many others.
has been given official standing by being incorporated
into law.
a place maintained for the illegal sale Of liquor is
called variously a blind pig, blind tiger, ,speak~easy, and
is known by other names the origin Of which is not clear.
But the word "bootlegging" explains itself.
Liquor has often been sold to groups Of laborers
by persons who have no regular place of business, and
who carry their stock with them. The leg Of a long
boot has been used on occasion as a place of conceal
ment for a bottle, Of spirits, and the name "bootlegger"
has from this become attached to any person who car
ries liquor from place to place to sell it to consumers in
small quantities contrary to law.
The North Dakota legislature undertook to prescribe
unusually severe penalties for this form of crime, and in
defining the term it was made also to apply to persons
who unlawfuly solicited orders for liquor. AS the law
now stands any person who, either as principal or agent.
receives, in North Dakota, an order for the delivery of
liquor In this state is guilty Of bootlegg1ng.
Mr.. Bronson, in his letter to States Attorney Elton,
is undoubtedly correct in interpreting the law as not APP
plying to the person who brings liquor into the state
for his own use. Until July 1. when new laws went into
effect, any person could lawfully bring liquor into North
Dakota for his own use.
Recent additional legislation, if valid. and To he in
stsrpreted as official have thus far interpreted 1t, changes
the situation materially. The law is a
federal statute which has been on the books for some
little time, but which has only recently been sustained
transportation into any state of liquor to be used in VIC
lationt OF the laws of that state. The application OF that
law, therefore, varies with the character Of the legisla-
ton in the state affected. Before our new legislation
took effect It was lawful under the w~ebb-Kenyon law
TO bring liquerf into North Dakota for personal use, be
cause.-the use Of liquor was not prohibited here. The
state law prohibited the sale of liquor, therefore the per-
son who brought liquor into the state to be sold violated
the law.
The recent federal bone dry law provides that no
liquor may be transported into a state in interstate COM
nerce If the state itself has prohibited the manufacture
or sale Of intoxicants. North Dakota, of course, comes
under that classification. Still further, a new state Jaw
prohibits the importation OF Intoxicating beverages into
the state.
There are in this connection two questions undecid-
ed. One. is as to the constitutionality Of the federal
bone dry law. The opinion is entertained in some
quarters that the law is unconstitutional because it i'm
poses on the people of some states restrictions which
they have not imposed on themselves, and that 1t is
therefore an invasion Of the police powers Of the state;
also that 1t is not Of equal application.
The question as to the new state law is as to wheth-
er It applies, or Is intended to apply, to intoxicants i'm
ported Tor personal use. The attorney general, as we
understand 1t, holds that the prohibition is absolute
Others maintain that it is not. It will take a ruling of
the supreme court to decide.