The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1917-01-08
of the state of North Dakota would

of the state of North Dakota would
stand back of him.
Only one business man acted upon
authority conveyed by Associate JUS
tice Robinson's special order. This
was N. &. Nelson, proprietor of the
Grand Pacific cigar stand, who threw
open the doors after the jurist had in
formed him in the presence of a large
number of patrons clamoring for adj
mittance that he SHOULD not feel the
slightest hestiancy in opening"
Believes Court Will Uphold
''Supposing that one Of these men
who opens his place Of bushes at
your direction should be arrested,
found guilty, and the case appealed
can you guarantee that the supreme
court of North Dakota would stand
F.; back of your order?" Robinson was
asked ~
"Assuredly,' replied Judge Robin
son. GAS matter of courtesy if
nothing more the other members Of
the court would not override an or
ucE lSSucU ny oil dSSOCIdI0.
"The supreme court has power to
issue orders at any time," declared
the associate justice in response to
another question.
"The fact of my order having been
issued on Sunday does not affect is
validity. This is not a civil action but
one affecting the peace and safety
of the commonwealth"
What is the matter with the law?'
he was asked.
The law is no good, ridiculous, out
rageous," replied the jurist. The
attorney general had no right to issue
such orders and subject everyone to
Inconvenience. No supreme court will
ever uphold that law"
Justice Robinson denied Attorney
General William LANCER some several
times. When business associate
came to Mr.. Nelson and urged him
to again close his doors Sunday after
noon, the jurist intruded in the dis
cussion with the statement that any
orders issued by Mr.. LANCER or by
States Attorney McCurdy must give
precedence to the mandates Of the
supreme court and he practically in
sisted that Nelson remain open.
Mccurdy Will Prosecute
Chief Downing, when he learned
that Nelson had opened up, communi-
Gated with States Attorney McCurdy,
who, advised the officer to procure the
names of all necessary witnesses and
any evidence available. "Of course"
said the states attorney last evening,
there is nothing for me to do but
prosecute. So far as I have been able
to learn, Mr.. Nelson is the only man
who opened up this afternoon. am
surprised that he should be the single
exception, for he took the lead Sat
urday in inducing Bismarck business
men to make the Sunday closing un-
animous. No legal responsibility or
culpability attaches to Justice Robin
sons orders so far as am prepared
to state. They were merely void, in
valid orders with no bearing upon the
situation whatever" ny.
oeUdIOTS ~ VVUSoSeB
At least two senators, several rep.
resentatives and the names of sew
eral prominent leaguers were procud-
ed yesterday by Sheriff French and
Chief Downing as witnesses In the
states case against Nelson. all of
whom probably will have their day
in court when the case against Mel
son is called. The states attorney
is out of the city today, and nothing
will be done until tomorrow.
The "outraoeous" Law
Here is the law: a4
Sect. 9240, Penal Code of North Da-
kota.-All manner for public sale, pub
or offering or exposing for sale, pub
licly, of any commodities upon the
first day of the week, is prohibited,
except that of meats, fish and milk
which may be sold at any time before
o'clock in the morning, and except
that food may be sold to be eaten up.
on the premises where sold, and drugs
and medicines and surgical appliances
may be sold at any time of the day."
This law has been upon the statute
books since North Dakota became q
state. It is a direct descendant Of
the famous blue laws Of the old Massa-
chusetts Bay colony, and is to be /
found in one form or another, gen.
orally somnambulant, upon the statute |
books of every state in the union. SUI