Page:North Dakota Reports (vol. 3).pdf/359



Constitutional Prohibition—Legally Adopted.

Congress by an act approved February 22nd, 1889, known as the “Enabling Act," directed the people in what is now the State of North Dakota to elect delegates to a constitutional convention, which convention should formulate a constitution to be submitted to the qualified electors for their adoption, and provided for the submission at the same time of separate articles or ordinances, and required for their adoption a majority of the legal votes cast." Article 20 of our constitution, known as the ‘Prohibit was so submitted for adoption. At the same time, under a provision of the proposed constitu: tion, a full set of state officers was elected. Said article 20 received a majority of all the votes cast upon the question of the adoption of the same, and upon the question of the adoption of the constitution, but did not receive a majority of the votes cast for governor. Held, that said article 20 was legally adopted.

Prohibition Statute—Legally Adopted—Title of Act—Unusual Punishments.

Said enabling act provided that the state officers should exercise all the functions of their offices when North Dakota was admitted as a state, and that the legislature might assemble, organize, and elect two United States senators; and § 17 of the schedule to the constitution required the governor, as soon as qualified, to issue his proclamation convening the legislature within a specified time for the purpose of electing such senators. Section 41 of the state constitution provides that the term of office of members of the legislature shall begin on the first Tuesday in January following their election, and § 53 provides that the legislative assembly shall meet on the first Tuesday after the first Monday in January in the year next following the election of the members. The governor, by proclamation, convened the legislature at a time prior to the first Tuesday in January next succeeding the election, for the purpose of electing said United States senators, and for the performance of such other legislative duties as may be in accordance with the provisions of said constitution." The legislature convened pursuant to such proclamation on November 19th 1889, and at once proceeded to exercise general legislative functions, and passed Ch. 110, known as the “Prohibition Statute,” and the same was approved December 19th, 1889. Held, that the legislature so convened had full power to enact said statute. Said act is not vulnerable to the constitutional objections that its object is not fully expressed in the title, or that it contains more than one subject, or that it is not uniform in its operation, or that it inflicts cruel and unusual punishment.

Original application in the name of the state at the relation of Wm. Larabee against Oscar G. Barnes, Sheriff of Cass County, for the release of relator on habeas corpus. Writ granted, and