under which relator is charged. The act is very similar to chapter 35, Pol. Code 1877. The first section of the former law, before quoted, is changed by inserting an additional provision, making it unlawful to sell intoxicating liquors, for any purpose, in any quantity less than five gallons, without first obtaining a license, etc.; and the penalty for a violation of the law is increased to not less than $100 nor more than $300 for each and every offense, or imprisonment not exceeding 60 days in the county jail, or both, in the discretion of the court. See § 11 c. 26 Laws 1879. In 1887, chapter 70, Laws 1887, known as the “Local Option Law,” was passed by the territorial legislature. By the provision of that law the people of any county could, by a majority vote, absolutely prohibit the issuance of any license to sell liquors in such county; and § 5 of that act provided that, "in addition to the penalties now prescribed by law, any person or persons who may sell any intoxicating liquors without a license having been duly granted as provided by law, or where the license is granted in violation of this act, shall be restrained from so doing by proper injunction," etc. The supreme court of Dakota territory in Territory v. Pratt, 43 N. W. Rep. 711, and in Territory v. O'Connor 41 N. W. Rep. 746, held that chapter 70 continued in force all the penalties contained in chapter 26 Laws 1879, and that the injunctional feature was additional and cumulative. The same legislature that enacted the local option law, evidently fearing that the position might be taken that the penalties prescribed in chapter 26, Laws 1879, pre-supposed the power to obtain a license, amended the first section of said chapter 26 to read as follows: "It shall be unlawful for any person, by himself, by agent, or otherwise, to sell, in any quantities, intoxicating liquors to be drank in, upon, or about the premises where sold, or to sell such intoxicating liquors to be drank in any adjoining room, building or premises, or other place of popular resort connected with such premises where sold, or to sell such intoxicating liquors, for any purpose, in any quantity less than five gallons, without first having obtained a license and given a bond as hereinafter provided; provided, that intoxicating liquors shall not be sold in any quantity, where no license is granted by the board of county
