Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1917-08-01
NORTH DAKOTA
BONE DRY LAW
IS ATTACKED
Supreme Court Justice Rob
inson Says it is not at all
Constitutional.
IT WAS IMPROPERLY
RAILROADED THRU
In Conflict With Section 217,
the Prohibition Article,
of Constitution.


Bismarck, N. D., Aug. 1.-North
Dakota is not constitutionally bone
dry and that no state legislature with
out amending the constitution can
make it bone dry. is the contention OF
Associate Justice j. E. Robinson OF
thesupreme court.
"section PIT of the constitution" I"
says Judge Robinson, "forbids any
importations of liquor for sale or gift.
1t forbids the Importation Of liquor
except for personal use. The legisla-
.ture cannot in any way amend or re-
peal the constitution. They cannot add
to or take from 1t one jot or little. 1t
is the supreme law"
The, Judge disposes Of house bill 80,
the so-called 'bone-dry" law, by TAX
ing the following exceptions: 1T was
altered and amended on its passage so
as to change its original purpose 1t
embraces more than one subject,
which is not expressed in its title; it
was not read three times, and there
was no third reading on the passage
of the bill; it is also void because 1t is
in direct conflict with Sec. 217 of the
constitution, which expressly permits
the Importation of liquor, except for
sale or gift"
H. b. 80 is Not Law.
"I know my stand in this matter
inson. But I am not running for Of
flee, and my only concern is that my
opinions be right and just. A law pass
ed as this bill was is not law, and no
supreme court would ever hold it
SUCH"
"The purpose of the prohibition sec
ton of the constitution of North Da-
kota was to do away with the saloons
and the local affiers ins ii iquors, and
know eiloiigs Ii to care wediE for them
selves and their families, "
With bone dry clause or sentence
the chances are that the fprohibition
section would not have been adopted
either by the convention or the peo-
ple" 49,
At .khe last session of the legisla-
tive assembly two bills were tntroduc-
ed to amend, or rather to override
Sec. 217 of the constitution. Senate bill
i85, as introduced and printed, was
bone dry; it did not permit importa-
ton for personal use, but some good
senators consulted Judge Robinson
and were advised that they could no,
in that way override or change the
constitution, and the bill was amended
by striking out the clause on personal
use.
Purpose of HI. b. 80.
House bill 80 was bill for an act
providing regulations for the delivery
receipt and possession of Intoxicating
liquors. The, purpose of this bill was
to regulate the sale of liquor by drug
gists; and not to override the consti-
tuition. This latter purpose was given
to it by a hocus pocus senate amend
ment. 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.
1.-THE doings Of the house on the last
day make a record covering, 149 pages
of the journal. Seventy nine bills were
passed and 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 read
ing of 79 bills and no time for the
legal calling of the rolls and noting
the votes. the signing of the bills and
various other matters covering a rec
ord Of 149 pages. am told by one
ent on this day when the roll was call
ed on 13 bills at the same time.
What the Constitution Says.
"Now every provision Of the consti.
tuition is imperative and mandatory
law unless it is passed according tc
these provisions:
Sec IS. No bill shall be SO al
tered or amended son Its passage
through either house as to change
its original purpose.
Sec. 81. No bill shall embrace
more than one subject, which
shall be expressed in its title.
Sec. So. Every bill shall be
read through several times, and
the first and third readings shall
be at length.
Sec. 65. No bill shall become a
law except by a vote of a major
ity Of all the members elected to
each house. nor unless, on its fin
al passage, the vote be taken by (
yeas and nays, and the names Of
those voting be entered on the
Journal
Sec Sc. The presiding OFFICER
of each house shall, in the pres
ence of the house over which he
presides, sign all bills passed by
the legislative assembly; and inn
mediately before signing them
their titles shall be publicly read
| and the fact Of signing shall be
at once noted on the journal.
Objections to n. b. s9.,
These are the several objections {,
House Bill 80, which show it to b,
clearly void: IA ~ y sas =;
| /. 1t was altered and amended oi
A..
purpose. @ *
2. 1t embraces more than one sub
ject, which is not expressed in it
title. Il M
3. It was not read three severa
times and there was no third reading
on the passage of the bill
4. 1t is also void because ii Is ii
direct conflict with Sec. III Sphfci
exprAssly permits the ifnpoftation 8,
4