The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1918-10-22

\
ments are in quotations.
Sec. lit shall be unlawful for
any person, firm or corporation to de-
liver or receive or have in possession
for delivery to any person. firm or
corporation within this state more
than four quarts Of spirituous liquors,
Or five gallons Of wine, orsseventy-two
quarts of beer, malt or other intoXi-
eating liquors, within any consecutive
thirty days, except that delivery OF
Intoxicating liquors nI.y be made to
registered PHARMACISTS for disposition
as provided by, law for medicinal,
scientific, and wine for sacramento
purposes; or any Intoxicating liquor
for any purpose unless the package
labelled on the outside in clear letters,
showing the consignor, the consignee,
kind, quantity. percentage of alcohol
and place of delivery, etc -
The jurist quotes Section of this
bill. prescribing the form Of certifi-
cate, which must be made by the con-
signee upon receipt OF shipment Of
wet goods, ana then continues:
From the journal it, is manifest
that House Bill No. 80 as passed by
the house was never passed by the
senate; and the amended bill as
passed by the senate was never pass
ed by the house. Hence, the bill new
er became law. ,
"At the extra session Of the legis-
lature held at Bismarck in January,
1918. the senate passed a resolution
saying: 1T is within the knowledge
of the senate-and each individual SEN
ator that House Bill No. 80, as amend
ed by the senate. was not voted upon
and adopted by the house or represen-
tacIves, the amendments adopted by
the senate having been reported in
correctly, or changed in the house af-
ter the same had been reported to the
house And by reason of gross care
lessness or fraud, the bill as passed
by the house differed in form and
meaning from that passed by the sen
ate.
" Now, therefore, be it resolved
that this senate do now severely con-
denim the practice by which this fraud
was perpetrated upon the senate. and
the people of the state OF North Da-
kota, in order that this practice may
cease in the future, and in order that
the people may know that the laws
of the state are made by the regular
constituted legislative assembly and
not by clerks ore employees OF such a
senate
Now this makes it entirely mani
fest that Bill 39-the bon edry sta
tute-was never passed; it is not a
law. And hence, there must never be
another prosecution under this fraud
ulent statute. To place the federal
law in line with this fraudulent sta
tnte. congress passed an act limiting
the importation Of liquor to medicinal
purposes, but it was not the purpose.
nor was it within the authority OF
congress to forbid ely importation in
accordance with the constitution and
the laws Of the state.
"And. now it is obvious that the
bone.dry statute is a mere fraud and
under Sec. 217 OF the constitution a
person Has. right to import liquor
for, his own personal and family use.
And there is' sHOsFeason why any per-
son should, suffer for want Ct this
medicinal remedy Now it is true that
in the past the express companies
have been terrified BY the supposed
bone-dry statute, SO that they have
refused to take the risk Of importing
any liquor However, under the facts
above stated the Express companies
will not be justified in refusing to I'M
port liquor, and any company refusing
will be liable tosa suit for big dam
ages."-J. F.. ROBINSON. =, y
October q. 1885,
Under the bone dry" act. which be-
came effective July /, 1917, the I'M
portation of liquor into North Daksta
has become negligible and blind-pig-
ging and bootlegging has subsidized to
a remarkable degree. The little whis-
key Of doubtful vintage and character
tl.at has been smuggled into the state
has found ready sale at SO and $40
per quart Several very prominent
citizens engaged in importing" for
their own personal use haze, been ar
raigned in state or federal courts and
assessed fines ranging up to $4,000, or
given prison sentences ranging as
high as two years