The Wolf Point herald. (Wolf Point, Mont.) 1913-1940, 1928-11-16


only to be determined whether tn
18th amendment confers upon tn
people of Montana the power t
legislate in respect to intoxica
ing liquors. The amendment col
fers power upon the state to Ell
force the amendment by apprc
pirate legislation; that is to sa,
by legislation which is appropriat
to enforce, but no other sort c
legislation.
Legislation Is Only Agency
A state can act only through
legislative agency. In whom i
the Legislative authority Of tn,
state of Montana vested? Let sec
tion l of article V of the stat
constitution say:
The legislative authority Of
the state shall be vested in a
legislative assembly consist
ing of a senate and a house of
representatives.
Then follows the reservation
which, as we have SEEN, has be
come abortive.
The federal constitution nowhere
recognizes power in a state to pro,
duce legislative action by the dir.
ect action of the people but only
by a legislative assembly, the
members of which are elected by
the people, and who, before they
can act, must obligate themselves
by oath to support the constitu-
ton of the United States.
1t, therefore, follows that when
the amendment empowered the
states to enact legislation appro-
to enforcement, it intended
such legislation should be en-
acted by the states legislature
and no other agency, In conse-
luence thereof, initiative No. 80 is
an attempt to usurp power not
possessed, and it is therefore void.
Moreover, not even the legislature
n a state can produce valid legis-
alton of the character of that in
Heated by initiative No. 80, be-
.ause a state legislature can en-
ct legislation appropriate to en-
orcement only, and initiative No.
0, if otherwise valid, would be
appropriate only to oppose en-
orcement.
But the w. c. T. U. ladies have
roposed initiative No. 80. If it
hould receive a majority of the
otes cast in respect to it. it will
till be void and ineffective for
ny purpose because, as demon
the people of Montana
annot enact legislation in respect
o intoxicating liquors.
State Enforcement Act Holds
1t appears. therefore, that the
cts which the legislature adopted
nd which r a part of the codes
S above indicated have not been
epealed and are in full force.
waiting enforcement at the hands
f state and county officers elect
d for that purpose. The sheriffs
nd their deputies and police Off
ers in cities and towns are duly
harged with the duties which
code provisions enjoin. These
Ulcers, if attentive to duty, are
efficient. and the laws are suffi-
lent to render bootlegging I'M
'opular and Improbable.
The laws of Montana, therefore
re not responsible for the safer
ala of b~ootlegging and kindred
ffenses against the states liquor
avs to which the states liquor
avs to which we have been sub
ected during the past two years.
Who, then, is responsible? It does
OF require any reading between
ne lines to fix responsibility
pom those who have been supine.
yieldly to the manifestly void
ommand of this impudent usur-
er in the form of initiative No. 80.
Indeed, If the secretary of state
ad been properly advised as to
Is duty, he would have refused
file the petitions which served
put these two absurd measures
alled initiatives Nos. 80 and 80
pom the ballot, for neither of
lem ever had any rightful place
BON the ballots of 1926 and 1928.
Enforcement Endorsed
But now, what are we to do
bout it? Shall bootlegging and
her kindred crimes against our
laws designed to aid en-
rcement continue merely be-
a silly attempt has been
ade by a lot of misguided people
usurp legislative power. BY no
eansi The great wave of bal
is which has given much en- ,
Endorsement to Herbert !
DOVER and the policy of enforce l
ent which he represents has s
vept into office democrats and ,
publicans alike, who are charg- 6
with the same duties and obli- 7
.tions which the president-elect +
charged, and they must. one and t