The Wahpeton times. [volume] (Wahpeton, Richland County, Dakota [N.D.]) 1879-1919, 1917-08-09
NOT BONE DRY
SAYS JUDGE

"North Dakota has no bone dry
law" says Justice Robinson. Says
boozeless thousands is unnecessary.
May have overlooked certain Leg
islation. Following is the Judges
letter, taken from the Minot Mes
senger:
81 see nothing in the bone dry
law to prevent any person from
honestly importing liquor for his
own use He has a perfect right
to carry it into the state and to
hire any person to carry it for him.
When fairly understood, the act
does not forbid the importation for
his own use. 1t forbids only inn
portation for illegal purposes, and
the act of congress forbids only
importation for illegal purposes,
and the act of congress forbids I'M
portation only when it is contrary
to the laws of the state. While
congress has power to regulate
commerce, it has no constitutional
right to destroy or put an embargo
OH commerce between the differ
ent states. BY our state constitu-
tion every person is guaranteed the
right for his own use to import, ac-
quire and protect property. He
has also the right to pursue and
obtain safety and happiness.
Hence, this cannot be made crime
by the most cunning use of words
or by any legislative device"
"You know we have a written
constitution which is the funda-
mental law of the state and all the
judges are sworn to sustain it. 1t
gives the most strenuous assur-
ances to life. liberty and property
and to the right of every person to
acquire and possess property and
to pursue and obtain safety and
happiness; and it is the primary
purpose of the state and the courts
to aid in protecting, and not in
destroying constitutional rights.
Still it is true that in crusades
against vice and liquor the legisla-
ture and the courts have not
shown regard to the constitution.
Last December one ex-judge wrote
up a decision sustaining an order
made by a justice of the peace to
destroy wine property amounting
to $2500. BY good fortune he was
showed under and retired and his
decision was reversed.
"By section 217 of the constitu-
ton, Intoxicating liquors are to
some extent put under the ban of
the law. Under this section no
person may import such liquors for
sale or gift. barter or trade as a
beverage and the legislature may
enforce the same by suitable penal
ties, but under the plain words Of
the constitution, every person is
left entirely free to import liquor
for his own use and to forbid such
importation to lawmakers have no
more right than to forbid the i'm
portation Of grain. livestock or any
kind of property. with the single
exception made by the constitu-
tion itself. Every person has Il
right to buy and import property
Of any kind and to pursue and OBJ
tain safety and happiness. but
under the bone dry law as pro-
claimed in the newspapers. it is
unlawful to import liquor for any
purpose whatever.
''The first section of the act de-
clares it a misdemeanor to import
any liquors to or for any person
within the state or into the state to
be used in violation Of law.
'sThe second section declares it a
misdemeanor for any person to
carry liquor into the state to be
used in violation of law and that it
shall be common nuisance which
may be restrained by injunction.
"The fifth and last section is
that violation of the injunction
shall be punished in a summary
manner the same as a contempt.
For the first offense the punish
ment is a fine of not less than $500
nor more than $1,000, and impri-
sonment in the county Jail not less
than 60 days nor more than one
year.
''For the second offense the
punishment is Imprisonment in the
penitentiary not exceeding two
years or less than one year. and
under the statute it is the duty Of
the judge to try and punish any
such offense in a summary manner
and on evidence given orally or by
lafidayitS. And the defendant NAV