W. H. Standish, Atty. Gen'l and C. A. Pollock, for respondent.
So far as the adoption of article 20 of the constitution is concerned, all that is required is, that it shall be approved by a majority of all the votes cast on that subject at such election. Cooley Const. Lim. 770; Gillespie v. Palmer, 20 Wis. 572; Prohibition Amendment Cases, 24 Kan. 500; Sanford v. Prentice, 28 Wis. 358; Green v. Weller, 32 Miss. 650; Dayton v. St. Paul, 2 Minn. 400.
Bartholomew, C. J. The relator was informed against in the Cass County District Court for violation of the provisions of the constitution and statutes of the state prohibiting the sale of intoxicating liquors. He pleaded guilty, and was sentenced to the county jail of Cass County for the term of 90 days, and to pay a fine of $300. To relieve himself from confinement under this sentence he procured a writ of habeas corpus from this court. The petition for the writ, with the exhibits attached, alleges, in substance, that such imprisonment is illegal, because the charge against relator does not state facts sufficient to constitute a public offense, in that the same is based upon article 20 of the constitution of the State of North Dakota, and upon Ch. 110 of the Laws of said state for 1890. That said article 20, and the said act based thereon, are null and void, for the reason that said article was never adopted by the people of the state as required in the enabling act, hereinafter more particularly noticed; and for the further reason that said Ch. 110, was never passed by any legally constituted legislature, and that said chapter, independant of said article 20, is void, for the reason that the title does not embrace any object to prohibit the sale of intoxicating liquors, but only to prescribe penalties for its unlawful sale; and that the act violates § 61 of the state constitution, which provides that no bill shall embrace more than one subject, which shall be expressed in the title; and that said act violates both the federal and state constitutions, in that it inflicts cruel and unusual punishment. The writ was served on the defendant, Barnes who is sheriff of Cass County,
N. D. R.—21.
