The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1921-01-08
LICENSE
AMENDMENT IS
TO Be ASKED
F. L. Watkins Plans Amendment
to So Called ''Po0l Hall
Law"
SOME ASK REP E A L
Hold That Supervision Should
Be Left With Local
Authorities
SOME ASK REP E A L

Is it or isn't It constitutional? Will
it or will it not be repealed, or will
a happy medium Of revision be ac-
ceptable to the forces Of the State
Enforcement league and the Billiard
Mems association who are wagtng
lobby warfare over the so-called pool
hall act?
The executive committee OF the
North Dakota Billiard Mems associa-
zion was due to arrive In Bismarck
today for a conference with reference
to the law which in 1919 created the
state licensing department under the
office of the attorney general. Bill
lard hall men OF the state prefer
that their places be again placed un-
der inspection and regulation Of the
towns or cities in which they are To-
Gated. Leaders of the North Dakota
Enforcement league say they are we'll
satisfied with the present law but
ask for more stringent penalties for
law violations.
Under the provisions of the state
license department act theatres and
taxicab stands in cities are called
upon to pay a fee Of $4,000 per year
while in towns or villages the fee rs
$1,000 on theatres and $500 or taxi
cab stands. F. l.. Watkins, superin-
tcndeht of the enforcement league IS
the author of bill amending the
present statute in which theatres and
movie houses would pay a minimum
fee Of $1,000 and a fee Of $500 per
hundred seating capacity. This it Is
held furnishes an equitable fee re-
placing the present system which
forces theatre men of small incor-
rorated cities like Crystal, Aneta.
and Steele, with populations of less
than 500 to pay the same fee as thea
tres in Fargo, Grand Forks and other
populous centers.
License All Places.
Watkins would also include In his
amended law the licensing Of all
places where cigars and tobaccos are
sold. This is admittedly for the pur-
pose of placing what are now strictly
tobacco shops within the pale OF the
penalties of the licensing act. This
penalty section he would amend 50
that any violator of any two laws
such as the sale Of cigarettes. and In
the case of pool hall, allowing
minors to enter his place. would SUI
fer revocation of license, and injunc-
ton closing the place Of business.
A plea OF guilt on a second ohense
would, under the Watkins amend
ment, call for the same drastic PEN
atty.
The state licensing department dur
ing the 20 months OF it's operation
under the supervision OF Willian
LANCER, caused the arrest of approxi-
mately 800 men for violation of the
anti-cigarettc law 1t is cOnserva-
lively estimated that city and county
officials in various parts OF the state
arrested perhaps 500 more. OF the
$50 arrests made in 20 months for
violations of the cigarette law. retir-
ing officials of the licensing depart
ment hazard the estimate that SO per
cent are again selling cigarettes,
merely having boosted the retail
price on the commodity.
Say It Is Unpopular.
Retailers insist that the law Is not
only unpopular to the extreme. but
a. farce and point to the repeal OF
cigarette laws in practically every
state in the union. Watkins ana MS
forces insist that more stringent en-
forcement and penalties are needed.
Men in close touch with the btl-
lard hall men Of the state declare
that no effort will be made to intro
duce or pass a law for the licensed
sale of cigarettes. but they point to
proposed amendments as being con-
fiscatory and the present law as CIV
ing an undue discretionary and arbt-
trary power to an appointive official.
The status of the present law. too,
is questioned. Nearly year ago
Judge Frank Allen of Lisbon, held
the present law unconstitutional. A
pool man in his district was arrested
for failing to obtain license under
the law. He obtained a writ OF
habeas corpus from Judge Allen on
the ground that the law was uncon-
stitutonal in that 1t violated the right
of self-government granted to the
various cities by the constitution.
Judge Allen further held the law un-
constitutional in that 1t took from
sheriffs created by the constitution
their powers and lodged the same
with officials created by legislative
enactment.
No appeal was taken from the de-
cision of Judge Allen and as a con"
sequence the law is unconstitutional
in the sixth district and effective
throughout the rest OF the state.
Refused TO Pay.
Recently an attorney In south
western county Of the state advised
billiard hall man client not to pay
his license fee on the grounds that
the present law was imperative.
When questioned upon this matter
the attorney declared that in his
opinion the present law by the spec1al
session was revised and amended and
made part Of the state sherih law:
that the state sheriff law was referred
to the people and repealed: that by
virtue of this repeal of the state sher-
iff act the original state licensing de-
partment was repealed. A prominent
iurist of the state is Quoted as say
ing "thcre is great deal OF force
to that argument, great deal OF
force"
Tn this connection Justice James E.
Robinson of the supreme court in his
recent message to the legislature
said: "Do not fail to undo the city
pOOl hall and theater tax levy, lt