The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1917-05-03
BONE DRY BILL :
SCRAP Of PAPER
{. # RULING Goes
Attorney General Reverses Him
self in Opinions, Making Tenn
perance Act Nil
NOW YOU SEE 1T AND NOW
YOU DON'T, LANCER IDEA

NOW YOU SEE 1T AND NOW
YOU DON'T, LANCER IDEA
The so.called Bone Dry" bill will
make North Dakota Sahara on
July !, and Dunseith sanitarium has
a. perfect right to its emergency ap.
preparation Of $4,000 upon which it
is now drawing, while State Auditor
Kositzky has $500 too much for trav
cling expenses, under one opinion re-
Gently handed down by Attorney
General LANCER.
Under another, State Auditor 10
sitzky's appropriation for travelling
expenses is good, but Dunseith has
no. emergency appropriation, and
North Dakota has no bone dry law.
after July /.
You pays your money and takes
your choice.
80: Clerk Makes Appropriation.
House Bill 1855 as introduced and
passed by both houses made an emer:
gencY appropriat on OF $2,465 for the
state auditors office, to be used be-
tween March l, 1917, and July l, 1917.
Among the items was $500 for trav-
cling expenses. When the engrossed
bill bobbed up after the close Of the
session It was found to have been al.
tered by lead pencil to provide $1,000
instead of $3.50 for travelling expens-
es, and to permit the expenditure Of
the emergency appropriation between
March /, 1917, and March l, 1918. IN
State Auditor Kositzky,' scenting
an irregularfty which mightlose him
his entire appropriation, was much
exercised until the attorney general
soothed his fears by handing down
an opinion holding that it would be
unlawful to go back Of the engrossed
bill, and that regardless OF the intent
of the legislature, the engrossed bill
must stand as its final voice in the
matter.
Another Twist.
Then everything went along Sc.
renely for few days until it was
learned that through some sauffling
of the cards, the emergency clause
had not been attached to the bill
making an appropriation of $751;
900 for the Dunseith sanitarium to be
available between the date Of pas.
sage and July !. 1t looked for time
as tho this defect might deprive the
sanitarium of badly needed funds, but
the opiniOn.factory on the third floor
proved its versatility by Immediately
handing down a ruling that the legis-
lative intent took precedence over the
engrossed bill; that the journal Of
the house, in which the error was
made, showed plainly that it had
been the intent of the legislators to
give the bill immediate effect, and
THAT the appropriation should become
available at once, regardless of the
lack Of a proper emergency clause.
And now comes House Bill 80, Bow
mans bone dry act which, as it ap-
pears in the engrossed bill, signed
by the governor, absolutely pr0hib-
its The Importation Of intoxicating
liquors, except by registered pharnla-
cists. The senate journal record on
this bill is very clear. 1t shows that
the bill was amended there to permit
the importation Of so many quarts OF
whiskey, beer and wine each month
for personal use.' The amendment
carried by big majority in the SEN
- nn h10 tn
the house for final action, the amend
ment was lost, not acted upon in
any manner. and omitted from the
bill.
The Legislative Intent.
II the attorney general is correct
in his ruling on the 'Ds,nseith' sanl-
tarium biIl,s IT, must follow that, the
legislative intent and mot the en-,
crossed bill shah be considered a.
binding in the case Of the bone dry
law. The intent OF the senate was
to permit the importation of liquors
for personal use" The senate new.
or had an opportunity to reverse It.
self, nor was 1t consulted when the
amendment was quietly dropped in
enErossing the bill.
So to bibble or not to hbble after
July remains i moot question, pro
viding the attorney general is not
prepared with q third opinion, strad-
ding the fence between the two d.
rectly opposite rulings which already
have come from his office.