Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1917-05-04
: us Bone DRY
SCRAP O. PAPER
That is You Might Think so
Until Another Wise !,
Opinion is Read.
Does or Does not Legislative
Intent Supercede the
Engrossed Bill?

Bismarck, May 4.-The so-called
Bone Dry" bill will make North Da-
kota a Sahara on July 1. Dunseith
has a perfect right to Its
appropriation Of $4,000
upon which it is now drawing. State
Auditor Kositzky has $500 too much
for travelling expenses.
Gently handed down by Attorney Gen.
eral LANCER.
Under another, State Auditor Ko-
sitzky's appropriation for travelling ex-
penses Is good, but Dunseith has no
emergency appropriation. and North
Dakota has no bone-dry law, after
July 1.
You pay your money and take your
choice.
House Bill 355 as introduced and
passed by both houses made an en-
the state auditors office. to be used
between March 1, and July /, 1917.
Among the items was $500 for trav-
cling expenses When the engrossed
bill was examined after the close of
the session 1t was found to have been
altered by lead pencil to provide ST.
900 instead of $500 for travelling ex-
penses, and to permit the expenditure
OF the emergency appropriation be-
tween March 1, 1917 and March 1,
1918.
LANCER is Mr.. F1xer.
State Auditor Kositzky, scenting an
irregularity which might lose him the
entire appropriation, was much ex-
ercised until the attorney general
soothed his fears by handing down
unlawful to go back to the engrossed
bill, and that regardless Of the intent
Of the legislature. the engrossed bill
must stand as its final voice in the
matter.
Everything went along serenely fol
a few days. until 1t was learned thai
through some shuffling of the cards
the emergency clause had not been
attached to the bill making the Dun.
seith appropriation of $4,000 avail.
able between the date Of passage anG
July /.
1t looked for time as though thi.
defect might deprive the sanitariun
of badly needed funds. but Mr.. Fixel
proved his versatility by Immediately
handing down ruling that the leg.
islative intent took precedence over
the engrossed bill; that the journal OF
the house, in which the error wat
made, showed plainly that it had beer
the intent of the Legislators to give
tas s,Ii osa bsssns s1.s
able at once, regardless Of the lacl
of proper emergency clause.
And now comes House Bill 80, Bow
mans bone dry act which, as 1t ap
pears in the engrossed bill, signed BY
the governor, absolutely prohibits the
importation of intoxicating liquors
except by registered pharmacists Ths
senate journal record on this bill i
very clear. 1t shows that the bill wa
amended there to permit the importa
| ton Of so many quarts Of whiskey
beer and wine each month for ::'per
sonal use." The amendment carried
by a big majority in the senate, ant
when the bill went back to the hous,
fpr final action. the amendment wa,
not acted upon in any manner, bu
was omitted from the engrossed bill.
II the attorney general is correct Ii
his ruling on the Dunseith sanitari
UNI bill, 1t must follow that the legis
lative intent and not the engrosse,
bill shall be considered as binding i,
the case Of the bone dry law. Th
intent of the senate was to permit tn
importation of liquors for persona
use." The senate never had an op
portunity to reverse itself. nor was 1
| consulted when the amendment wa
quietly dropped in engrossing the bill
| SO to bibble or not to bibble afte
July remains q moot question, pro
vding the attorney general is not per
pared with third opinion, straddlin
the fence between the two directl
opposite rulings which already hav
come from his office.