The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-02-04

enforcement Of that law. Specific IN
strucNonS were therefore given Il
the effect that officers Of the govern
ment were not authorized to search
/ either the person or baggage of in
| dividuals without a warrant. II vol
know Of any instances in which these
4 Instructions have been violated by of
ficers of this department, / will be
obliged il you will call my attention
to them" ut 5
The Reed amendment to which the
attorney general refers is the postal
rider Act of March 3, 1917, as fol
lows: Whoever shall cause intOxi-
eating liquor to be transported in in.
terstate commerce, EXCEPT for medi.
clnal purposes, (and some :ether pur-
poses) into any state the laws OF
which prohibit the manufacture and
sale Of liquor for beverage purposes
shall be punished by fine, etc.
You will note the statute relates only
to liquor for beverage purposes. And
SO the late federal amendment to the
constitution applies only to liquor for
beverage purposes: Amendment
After one year from the ratification
Of this Article. the manufacture, sale
or transportation OF intoxicating liquor
or the expectation thereof from the
United States, for beverage purposes
is prohibited" Constitution, Sec. 2l7:
"No person shall within the state
manufacture for sale or gift any in.
toxicating liquors, nor import any OF
the same for sale or gift, barter or
trade as a beverage" In the amend
ment and in the constitution the man.
ufacture, sale or importation is strict
ly limited to beverage purposes and
no legislature may vary that one jOt
or title. 1t is true that narrow-mind-
ed band-wagon Judges have held to
the contrary, because they have been
corrupted and elected for that special
purpose In every age and country
there have been some judges like unto
Pontious PLATE. =.
There is now before the house a
bill for an act to prohibit the liquor
traffic. 1t declares it a crime for q
person to have in his possession any
Intoxicating loquor, and that amy Of
ficer believing that any person tis
in his possession such liquors, may
search his premises without war
rant and seize any liquor that he may
find and that any person violating
the act shall, for the first offense, be
punished by fine of not more than
$1,000, and for the second offense be
in the penitentiary not
exceeding two years, or less than one
year. Such an act would be void for
several reasons. Liquor is property
and under the plain words of the con;
StitutiOn person - an absolute
Alright to have, hold and possess prop
erty and no legislature can make 1t |
a crime. And by the plain words OF
Section IS: 1.-THE right of the people
to be secure in their persons, houses,
papers and effects against unreason-
able searches and seizures shall not !
be violated, and no warrant shall is !
sue but upon probable cause. support
ed by oath or affirmation. particularly
describing the place to be searched
and the persons or things to be
seized" 1t is to a similar section
Of the United States Constitution that
the Attorney General refers when he
forbids the Deputies to make searches
and says. "rhe department does not
the violation Of other
laws or private rights in order to &C.
con,plish the enforcement Of the liquor
law.
Our state constitution forbids ex.
cessive fines and penalties. 1t seems
truly barbarous to say that q person
may be sent to the states prison for