Grand Forks herald., 1917-01-29
1.-THE Wine Case"

HoDlnson, j.: In this case and In
two similar cases there are 95 plain
tins who bring suit to recover from
the sheriff IS barrels of Wine. Though
each plaintiff claims his own barrel,
vet, to avoid needless cost, they have
consolidated. To save expense the
wine was shipped in one carload from
California to Hebron. North Dakota,
where 1t was removed from the car
and put In store each party paying
his share OF the expense and freight.
The complaint shows the plaintiffs
own the wine and it is wrongfully
detained by the sheriff under an as
sumption that it was shipped into the
state in violation of law and under
a pretended judgment Of a Justice of
the peace that the same be DESTROYED
That each barrel Of the wine Is worth
$25.
Judge Nuessle Of Bismarck made an
order overruling a demurrer to each
complaint and the three cases come
mere on appeal by the sheriff.
The case turns on principles which
are simple and fundamental. The
written constitution of the state is the
fundamental law and 1t gives the JUS
tice or the peace no right or jurisdic-
tion to make an order for the de-
struction of wines or other property.
Hence. his order was "A mere nullity.
BY the state constitution it is provided
as follows: All men have a right to
acquire. possess and defend property
and to pursue and obtain safety and
happiness.
ma, All co courts r shall g open; and every
goods, person or reputation shall
have a remedy by due process of law.
and justice administered without
sale. denial or delays Is ,.,s ; =
The right of trial lprG shan be ,se.
cured TO all and, slhxA renaih inyio-
These great fundamental rights can
pe IN no way impaired by any pro-
nlDltion statute, only so far as ex-
pressiy permitted by the article on
pronibition. That article reads thus:
oer.lon cerno1a:;l ~. No person. association or
corporation shall. within this state,
manufacture for sale or gift any in
tox1cating liquors or import any of
the same for sale or gift, or keep or
sell or ofer the same for sale or gift,
barter or trade as al beverage.
Inc legislative assembly shall by
law prescribe regulations for the en-
1orcement of the provisions of this
article, and shall thereby provide
thereof,
here the limiting adjective suit
aDie Is used to qualify the word pen.
aItics. and 1t is used for some mr..
pose. 1t means that the penalties
imposed must be humane, reasonable
and apportionate to the offense.
Sec. 217 of the constitution plainly
says to the legislature: Thus far shait
tnou go and no further.
true 1t imposes limited restric-
tlon on great natural rights, and the
RUE Is that such a restriction and all
,a"s and proceedings under 1t must
De strictly construed. Under the
constitution no restriction NAV he
imposed on the right of trial by iury
py any devise or any name which the
legislature may choose to give to a
CRIME. Hence, regardless of anything
IN me prohibition statute, the ri8ht
any person who claims the prote(fion
OF the law for life, liberty or nrn,,.
erty. " p'op-
II is about thousand years since
Alfred the Great of England cauaed
SIXTY of his judges to be hung for
aeny1ng accused people the right Of
Ir!al Dy jury. Under his beneficent
rue, II is possible that some of our
Juoses might have been hung. It is
C. certain NINA, mat Sec. 217 does not make
~ CRIME FOR any person to import
lauor for his own use and the legis-
iature cannot make it a crime. And
II an action may be brought to de-
stroy hquor, it is certain that the
owner VINO claims it for his own use
mas right to trial by jury. It
YOU'D oe sad day for civil liberty
II tne highest court in the state had
struction of any property. excent IN
a plea Of guilty or on the verdict of
a jury. Clearly the defendants, and
eacn OF them, have a perfect right
10 import wine for their own use.
ana there is no use numbering this
case with words. The order overrul-
ing the demurrer must be affirmed
with costs. (Signed).
i,