OCR Interpretation

Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, August 28, 1890, Image 2

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn85042405/1890-08-28/ed-1/seq-2/

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Tlu* Full Text of .l'udyr Koso'n
Opinion in the Kiiriics County
The counsel for the defendant con­
tends that said statute prohibiting the
sale of nucleating liquors in original
packages was unconstitutional and void
when it was enae:ed. and is still a null­
ity. That congress lias the sole power
to regulate commerce amony tlie states
and that, the right to import, carries with
it the right to sell, and that the states
havj no power io place restrictions upon
commerce among the states, unless per­
mitted by congressional legislation, and
that intoxicating liquors are articles of
commerce is well settled.
Congress having the sole power to
regulate commerce among the states, and
not having granted power to "the states
to legislate prohibiting the importation
and sale of intoxicating liquors, at the
time the legislative assembly of the state
of North Dakota enacted the said act,
the state was without authority to pass
the act and the act was void when passed
and inoperative, in so far as it prohibits
the importation and sale of intoxicating
In the reporte 1 decisions of the courts
respecting the importation and sale of
intoxicating liquors, the term "original
package"' is made use of. and yet, the
term is not defined by them so far as I
can ascertain. Keeping in view the ob­
ject which the framers of the constitu­
tion had when they delegated to con­
gress the power to regulate commerce
among the states, it appears to me that
an original package is "anything in form
to become, as such, an article of mer­
chandise,'' and that a bottle of beer put
up in that form for sale, as an article of
merchandise is an original package, in iv
commercial sense.
Hearing in mind, that the states can­
not, unless permitted by congressional
legislation, place any restrictions
on com­
merce, but that i: must r-maia free and
untrammalled, 1 cannot -e how the im­
porter can bo entrusted by a state, as to
what form the merchandise'he desires to
import, shall be in, or in what quantities
it shall consist of, or how much be shall
purchase, or what quantity ho shall ship
or import, or how, or in what vuanner L,e
shall ship or import it. He must be left
free to consult his trade or customer's
wishes, and the demands of the market
where ha expects to sell, as well as the
convenience and cost of transportation.
It seems to me, that it was not the inten­
tion of the framers of the constitution to
place impediments in the way of com­
merce. but rather to facilitate it, and
that importers were to be left free to con­
duct their importations and sales in the
customary ways of business or of mer­
What the Itesrrietions Were
Prior to Passage of he Wil-
son Ii 11.
The Flleet of the Wilson Hill Not
a I S a
An Important Decision.
Jtultfo Hose deoiikvl the Barues county
original package case last week. The
following is the lull text of the decision:
The State of North Dakota. plaintiff,
ve. John lieryreen. defendeut.
The complaint in this case charges the
defendant with keeping a place of busi­
ness on -Vlai[i street in the city of Valley
City, iu Uiitnes county, North Dakota,
for the purpose o£ selling intoxicating
liquors to 1)3 drank on the premises.
That the defendant shipped such liquors
mto the state frotu without in cases con­
taining not less than twenty-four bottles,
and sells the same iu pint and half a pint
bottles. That the defendant did on the
14th day of July, 1890 and, through the
remaining days of the month and during
the forepart of August, 1S90, sell such
liquors to divers persons. That nearly
all of the said liquors sold by the defend­
ant during that time were drank on the
premises where sold, or in an adjoining
room where soid. That the defendant is
not a pharmacist and has no permit to
sell as a pharmacist.
The defendant in his answer denies all
of the allegations of the complaint., ex­
cept that he admits that he received and
soid the beer iu the original packages in
which they wore shipped to him from
witho.it the state.
The evidence in the cas?, while it is
inexplicit, still it clearly shows that on
or about the 14th day of .July, lN'JO, the
defendant opened a place of business on
Main street, in the city of Valiey City, in
Barnes county. North Dakota, for the
purpose of selling intoxicating liquors
and that between the loth day of July
1890. and the Sth day of August, 1390,
the defendant sold at his place of busi­
ness, beer by the bottle, to be drank in a
room adjoining the bar-room, where he
sold it, and that it was drank there.
The states attorney insists that the
defendant sold such in violation of Sec.
13 of (Jhapt. 110 of the laws of the state
passed at the tirst session of the legisla­
tive assembly of the state of North Da­
kota, and approved December 19th, 1S90,
in selling it iu smaller quantities, than
that in which he received it, viz: (in cases
of 24 bottles) and also i-i selling it to be
drank on the premises, and tuat. Jus said
place of business is a nuisance under the
said law, and asks for an order restrain­
ing the defendant from further selling.
If I am correct in these views, the de­
fendant did not violate aoy law in sell­
ing his beer by the bottle, but the evi­
dence in the case establishes the fact
that he sold it to be drank on his prem­
ises and that he invited and permitted
persons to drink the beer sold to them,
by him, on his premises, in a,i adjoining
room to where he sold it.
While the states may not in the ab­
sence of congressional legislation legis­
late against the importation and sale of
Intoxicating liquors, yet they may legis­
late in favor of regulating and control­
ling, or prohibiting the sale of such with­
in the state after the importation is con
sumated, that is, after the importer has
sold his liquor, and it has become part of
the property of the state.
Now while the importer can import
his merchandise (oeer) into the states
and sell such at any place therein, and
may keep a place or house, in which to
etoie and sell it, yet as soon as he has
sold the beer and it has passed into the
hands of the purchaser, and it has thus
become apart of the property of the
state and subject to its laws, he ceases
to be an importer and becomes amenable
to the laws of the state, in so tar as he
invites and permits purchasers to assem­
ble and drink the beer ho has sold iu, or
on his premises.
The importer cannot in my opinion
under the guise of an importer keep a
place open ostensibly for the purpose of
selling his beer and at the same time
keep it open for the purpose of having
it drank there, and cannot permit his
customers, or purchasers, to drink it
there, and thus evade the said act, which
was expressly enacted to prevent and
suppress such houses or places, and the
keeping for use in his place of business
facilities for drinking, such »s cork
screws, glasses, etc., furnish strong evi­
dence of what his intention is respect­
ing such use of his premises. In ac­
cordance with the foregoing views a re
strritiiug orcier will bo granted, restrain­
ing the defendant from further selling
intoxicating liquors to be drank on the
premises, etc.
The acts the defendant, with which
he is charged in the complaint, were
committed before what is known as the
"Wilson" bill was passed and hence that
law cuts no figure in this case. As to
what effect that bill will have on the
said act it is not necessary to determine
in this case. I will decide that question
when a case is presented involving it.
Asylum Matters.
The asylum trustees held their regular
monthly meeting yesterday. A full
board was present—Messrs. Hubbard,
Clark, Thompson, Buchanan and Porter.
A large number of accounts were
audited, and the business of the steward's
department inspected as usual, and
found satisfactory to the board. The
steward's management shows increasing
economy and care.
Between four and live dollars a day
are being saved by the use of North Da­
kota coal. This amount will be increased
in proportion iu cold weather. The
promptness and business like treatment
of the coal contractors and the Gull
River Lumber company are highly com­
mended by the board.
The board passed a resolution that the
asylum carriage should not be driven
into the city ot'tener than once each day
for the mails, except on special occasions
of importance or necessity. The prac­
tice of visitors„anu others telephoning
for the conveyance to transport them
to and from the institution will have to
be discontinued.
The sheriffs or deputies of the differ­
ent counties throughout the state, are
requested to telegraph the superintend­
ent of their arrival in the city with pa­
tients, and a hack will be sent to meet
tliem at all trains.
The board also desire to inform the
public: that the institution is not a free
boarding house, and that the rules and
regulations of the management in this
matter will have to be more particularly
observed in the future. This public an­
nouncement is made in justice to the
superintendent, ar.d that all may be fully
aware of the desire of the trustees.
The artesian well is down about 1,200
feet, going slowly but steadily.
There will be a profit on the asylum
garden this year of nearly 83,000. The
potatoes alone will bo a big item in the
saving of money. The oats and barley
look well. Over .81,000 worth of celery
will be raised for sale and consumption
at the institution. A new hot house is
badly needed, and next year will, no
doubt, be supplied. Gardener Smith is
one of the most successful gardeners in
the state. The usual large proportion of
the work has been done bv patients.
The board meets again Sept. 5th.
The Third Ward Caucus.
The Third ward republicans who are
opposed to the candidacy of Mr. Puller
caucussed Wednesday night at old court
house. The caucus was advertised and
the full anti-Fuller strength of the
ward was probably present. The cau
cusers numbered just an even ten, and
one of the number was an outsider, Dr.
Close, who came in to harangue the
gathering. Mr. Close is a Fourth warder
and apologized for his presence, but
proceeded to make a speech of a half
hour's duration, which was the rankest
kind of political nuncombe. He saw
two Scandinavians present and endeav­
ored to incite their hostility by declaring
that Mr. Fuller was opposed to Johnson
in his senatorial canvass last winter, but
neglected to state that his opposition
was in the interest of Jamestown's can­
didate, and that he (Fuller) was more
than any other one man instrumental in
securing the election of Senator Casey.
He explained Mr. Fuller's good work for
Johnson at the Grand Forks convention
by declaring that he went there under
instructions, which is false. He declared
that Jamestown is the most corrupt
town in North Dakota, and made other
statements so misleading that they will
do .Mr. Fuller more good than harm.
Major Lyon and Supt. Wadsworth
were two of the others present. The
former stated that he wanted the boys to
be at the caucus and be organized, and
that if any one attempted to vote ille­
gally they would elect their own dele­
gates and see that they were seated in
the county convention.
Dr. Close seems to be one of the most
active of the opposition to Mr. Fuller,
but his zeal exceeds his discretion. He
put his foot in it last night, and his
friends are trying to call him off. Oppo­
sition does not come with a vtSry good
grace from the doctor anyhow. He has
sold his business and is preparing to
emigrate to the Pacific slope country. In
fact he would not be here now but for
politics. The graceful act on the part of
these gentlemen who are preparing to
shake the dust of North Dakota off their
feet, would be to keep out of politics this
fall and let the people who are going to
stay here select the county and legisla­
tive officers who will hold for the next
two years.
Superintendent McCabe states that
the amount of wages paid to Northern
Pacific employees on the Dakota division
this month is above S63.000 Of that
amount between 815,000 and 820,000 were
paid out in Jamestown.
The Cattle Disposed of in the Chi­
cago Stock Yards for Six Days.
The first week iu August was a most
remarkable one in the number of cattle
brought into the Chicago market. A
writer in the Orange .lucid Farmer savs
the receipts were never equalled before,
there or eisowhere in any market in the
world. There were 85,890 head handled
in six days iu the Chicago yards. This
means over 5,000 car loads, or a freight
train 33 miles long, or over GO acres of
cattle packed together so closely as to
give each aninvl Winding or lying room,
of 3x10 feet. D. of this rush of
stock the best sola ujr /oa hundred, live
weight, large numbors from 63.50 to
83.90, but the bulk being lean Texans
and stockers went for §2 to S3. The
cause of this heavy marketing is the dry
pasturage of the west, and south west,
and the prospect of a small corn crop.
This great inflow of meat animals dur­
ing a mid-summer week, is merely a con­
tinuation of the large receipts in July in
which the cattle arrivals exceeded those
of any other July in the past. The cat­
tle at Chicago numbered for July, 328,
290 against 272,541 in July last year, an
increase this year of 55,649 head, or full
20 per cent. Receipts of hogs in July
this year (512,355 last year 414,(59(3, an in
cresase of 197,(359, or 48 per cent.
As to the outlook, of course this clear­
ance of the farms and ranges must leitve
but moderate supplies for the future,and
•his will inevitably carry values material­
ly upward, at no distant day. With live
stock, the supply cannot be much in­
creased from year to year as is the case
with annual grain crops. The influence
of this cutting down of supplies will ex­
tend over three years, and probably
longer, as so many, discouraged at the
present prices, will go out of this line of
production. The wise ones will hold on,
if they possibly can, an.l reap the benefit.
Mr. Fuller's Record.
It is reported that S, L. Glaspell is
circulating the report that Mr. Fuller, in
the senate last winter, voted against the
bill to prevent rrilroad companies and
other corporations from keeping a black­
The statement is false, as nny one who
has a Senate Journal can see.
Mr. Fuller was one of the 11 men who
voted for the bill. See page 902, Senate
It is also understood that S. L. Glas­
pell is circulating the report that Mr.
Fuller voted for the '"gross earnings'"
This statement is also false, as the
Senate Journal will show. See page
It is also understood that S. L. Glas
peil is circulating the report that Mr,
Fuller voted against the personal injury
This report is also false. This bill
never came to a vote in the senate. It
died in the hands of the judiciary com
mittc«e. The last reference to this bill in
the Senate Journal will be found on
page 369. Mr. Fuller was not a member
of the judiciary committee and was in no
wise responsible for the fate of this bill.
While on this subject of "personal in­
jury,'' it might be well to inquire why S.
L. Glaspell did not have such a bill
passed when he was in the territorial
And it might also be well to inquire
why, when he was championing such a
bill in the council, he so suddenly drop­
ped it.
And it might be well to inquire fur­
ther why the bill was dropped so soon
after seeing W. E. Dodge!
TITIX a few loses of Ayer's Cherry
i'ectoral ^vill relieve you? Try it.
Kci'i1 it iu the house. You are liable to
liavo a cough at any
a 1 1 0
remedy is so effective
1 as tins world
renowned prepara
tion. Xo household.
&§•-•( with young children,
should he without it.
Scores of lives are
saved every year by
its timely use.
.Amanda IS .Tenner, Northampton,
Mass., writes Common gratitude im­
pels me to arknowledge the great bene­
fits I have derived for my children from
the n-e of Ayer's most excellent Cherry
J'eetoral. I had lost two dear children
from croup and consumption, and had
the greatest fear of losing my only re­
maining daughter and son, as they were
delii-ate. Happily, I find that by giving
them Ayer's Cherry Pectoral, on the iirsi
symptoms of throat or lung trouble, they
are relieved from danger, and are be­
coming robust, healthy children."
"In the winter of 1885 I took a bad
cold which, in spite of every known
remedy, grew worse, so that the family
physician considered me incurable, sup­
posing me to be in consumption Asa
last resort I tried Ayer's Cherry Pecto­
ral, and, in a short time, the cure was
complete. Since then I have never been
without this medicine. I am fifty years
of age, weigh over 180 pounds, and at­
tribute my good health to the use of
A ver's Cherry I'ectoral."—G.W.Youlier,
Salem, N. J.
"Last winter I contracted a severe
colli, which by repeated exposure, be
ca:: quite obstinate. I was much
tp uMed with hoarseness and bronchial
irritation. Afier trying various medi­
cines, without relief, I at last purchased
a bottle if Ayer's Clierrv Pectoral. On
taking tins medicine, my cough ceased
aif?ost immediately, and I have been
w"ll ever since."—Kev.iThos. Russell,
S.-cf••••ary Ilolston Confi-renee and I'. E.
of Ihe firecnville. i'litiict. M. E. C.,
Jonesboro, Tenn.
Ivor's OiieFff Peoforal
C. Aycr £c Co., Lowell, Mass.
•T #ix bottlct,$4
For Sfabiemen and Stockmen.
Cuts. Swelling!), Drulaas, snralns, Galls, Strains,
Lamensss, Stiffneae, Cracxed Heels, Scratches.
Contractions, (-"lush Wounss. Stringhalt, Sore*
Throat, Dlstempor, Colic. Whitlow, Poll Evil,
Fistula. Tumors. Splints, Rlncoones and Spavin
in thoir early SUfloa. Directions with each bottle.
At PnvnotsTs and i»kalf.ks.
THE CHARLES A. V0GELER CO.. Baltimore til*
Louisiana State Lottery Company
Incorporated ly the Legislature, for Educa­
tional ami charitable purposes, aiul Its franchise
made apart of tliw present State Constitution,
ui 1S7:i, by an overwhelming popular vote and
To continue until
lanuarv ist, i8)5.
place Svmi-Animally, (June and De­
cember), »N«L It* CIK/YNI) (SIXGIjK
MMlllilt DKAWIXfiS I like place in each
of tlic other ten month* of tlie year, »ml
are all drawn in public, at the Academy
of Music, New Orleans, L».
Attested as follows:
"We do hereby certify that we supervise the
arrangements for all the Monthly and Semi-An­
nual Drawings of The Louisiana State Lottery
company, and in person manage and control the
drawings themselves, am! tl.at tl.e same are con­
ducted with houcsty, fairness and in cood faith
toward all parties, and we authorize the Compa­
ny to use this ceiulicate, with fac similes of our
signatures attached, in its advertisements."
We the ur.dersi _'ned Hanks and Hankers will
pay all pri/.es drawn in The Louisiana State Lot­
teries which may be presented at our counters.
K. M. AV.VI.M.SLKY, Pres. La. Nat'l IJk
I'lKK.tiK I.ANAL1X. Pres. State NuCl lik.
A. KA L1 \YI N,Pres. New Orleans Nat'lKk
CAUL KOHX, Pres. Union National l!»nk.
(irsimi .ttoutlily Drawing,
At til. '.cailciny of .Music. N'tnv Orleans, Tues
day, September it, 1890,
uapnai rnze 3duo,u
100,000 Tickets at Twenty Dol­
lars each. Halves 610 Quarters $5
Tenths 'Twentieths 81.
1 I'ri/.C Of $300,000 is SHU0.O00
1 Prize ol' liH'.OnO is im.iMi
1 i'lize of 50,000 is fit),000
1 l'nze of is s:5.tiOC'
2 I'rize of IO.oh) is jo.U'0
l'ri/.es ol 5,0t0 are ii.Ymn
2~i Prizes of 1.000 are 'js.WO
100 Prizcs-of r,00 are 50.000
200 Prizes of ."HOare CO.KIO
5ii0 Prizes of 200 are 10G.0C0
lfcO Prizes of §500 are DO.OOO
100 Prizes of MOO are :0,0C0
100 Prizes of 200 are LO.UiO
TKltMlSAI. 1'ltlZKS.
999 Prizes of 100 are Mi,000
OT.i Prizes of luo a -e W,000
3,134 Prbes amounting to $1,054,800
Notk.—'Tickets drawing capital prizes are not
entitled to terminal prizes.
Fon i.ub ates, or any further Infor­
mation desired, write legibly to the undersigned,
clearly stating your residence, with State, Coun­
ty. Street and Number. More rapid return mail
delivery will he assured bv vour enclosing an
Kuvelope hearing vour full address.
Address M. A. DAUPHIN,
New Orleans, Ia.
Washington, D. C.
By ordinary letter, containing Money Order,
issued by all Kxpress Companies, New York Ex­
change, Draft, or Postal Note.
Address Registered Letters Containing
fiurnsfley. to
New Orleans, La.
E£~KEMKMlJKlt. that the payment 1
ION Al, BANKS of New Orleans, and the
Tickets are signed by the President of an Insti­
tution, whose chartered rights are recognized in
the highest Courts therefore, beware of all
imitations or anonymous schemes.
KKMKMISKK that the present charter of
The Louisiana State Lotterv Company, which
the .Sl'PK KM ('OVIST OF THK IT. S. has
decided to be a C'ONTKAC'T with the state of
Louisiana and part of the Constitution of the
The legislature of Louisiana, which adjourned
on tlie li'.tb of .Jnlv of this year, has ordered an
AMJCNOMKNT'to the constitution of the state
to lie submitted to the people at an election in
t8n-2. which will carrv tlie charter of THK
PANY up to the vear MNETKEN IH S
1 O I I
NKIIIT SOILING and I Done Promptly
Have had six years experience huligglng
wells in this county. Address:
Jamestown, N lak
Buffering from the effect* of youthful error*, early
decay, wasting
weakneai, loit manhood, etc., I will
•end ft valuable treatUe (gealedj^ containing full
particular* tor home care. FRJCK charge. A
tplendld medical work ehonldDe read by every
who ia nervous and debilitated. Addreav
Frof. V. C. FOHLEB, Noodns, Coon.
A 810.00 PLATFORM SCALE FOR $3.00.
Steel H«nrinH«. Brnss
Hctiop ftlnl J**-r
Trlrrrinr-ri iimiiiljfSiiiMii 'ipMjMaftf wa p|wpjT
Hoto!*, Officii, or f.-t om
Ciitiacily, Jut*. OL'Al.
ASTI* F.n.
A $"5 $•!»:!« flivhiiK, Jf.
A !HWlli. I liiilunti S ale, I"
A 2 Ton V.'r,'Mi !Srol.', Iii
6 ton Snilci'Stoi-lv Hail
A $73 ilarc i'ottor, in
}Yiro I V'H
(i. '.ran .".nu..ni.ro
?Arw/.-: :v .',"•it's•••''•• ••.".' 7
'i* *w
-''i*'-.1'- '-'V- ,w
PARKER has returned. He
milked the markets and saved
the cream, and will have some­
thing to say this season ABOUT
VALUES. "Put not your trust
in prices alone, for they are de­
ceitful above all things and
Therefore, will not quote you
prices as we cannot show you
paper. You must SEE THE
THE VALUES. Our immense
Fall Stock is nearly all in and
will be ready for inspection in
a few days. Do not purchase a
single article of Clothing until
you have seen Parker and he
has shown you our immense
line of Suits and Overcoats, no
shelf-worn goods to get rid of,
but all bran new and of this
season's manufacture, at
MOTHERS, we have taken
especial pains to please you in
CLOTHING, and can show you
several hundred patterns in
cloth and make-up that you
never saw before, at lower
prices than ever. Ask to see
our Child's Knee Pants and
Flannel Waists. You will ap­
preciate them at the price.
Price Regulators.
I Feed Mills, Feed Cutters,
Water Tanks and Tank Heaters, Hay Cnrriers
and Horse Forks, Wood and Iron Pumps,
Double and Single Acting Force Pumps of vnri
ous styles and prices.
Storeroom in Old Kink, Fifth AvenmTsoiiMi.

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