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Mason's Minnesota Statutes 1927

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Mason's Minnesota Statutes 1927 1940 Supplement To Mason's Minnesota Statutes 1927 (1927 to 1940) (Superseding Mason s 1931, 1934, 1936 and 1938 Supplements) Containing the text of the acts of the 1929, 1931, 1933, 1935, 1937 and 1939 General Sessions, and the 1933-34,1935-36, 1936 and 1937 Special Sessions of the Legislature, both new and amendatory, and notes showing repeals, together with annotations from the various courts, state and federal, and the opinions of the Attorney General, construing the constitution, statutes, charters and court rules of Minnesota together with digest of all common law decisions. Edited by William H. Mason Assisted by The Publisher's Editorial Staff MASON PUBLISHING CO. SAINT PAUL, MINNESOTA 1940 CH. 15—RELIEF OF THE POOR §3200-1 the State Hospital for Indigent, Crippled and De- 3199-106. State Board of Parole continued—Limi- formed Children, the State Hospital for Inebriates, tations.—The State Board of Parole as now consti- the State Sanatorium for Consumptives, the Home tuted is hereby continued subject to the provisions School for Girls, and the State Reformatory for Wom- and limitations of this Act, and there is hereby trans- en. The Director shall have power and authority to ferred to and vested in said State Board of Parole all determine all matters relating to the unified and con- the powers and duties in respect to supervising per- tinuous development of all of the foregoing institu- sons on parole from any and all State institutions; tions and of such other institutions, the supervision provided, however, that said board shall hereafter be of which may, from time to time, be vested in the under the supervision, direction and control of the Director. It is the intent of this Act that there be Director of Social Welfare. The members of the State vested in the Director all of the powers, functions, Board of Parole shall continue in office with salary and authority now vested in the State Board of Con- and terms of office as now provided by law, but at trol relative to State institutions. the expiration of the terms of the present members of It shall be the duty of the several directors to ac- said board, their successors shall be appointed by the tively cooperate, each with the other, in establishing Governor who shall also have authority to fill any an efficient working relationship relative to the care vacancies existing on said board after the effective and supervision of individuals both prior to and after date of this Act. (Act Apr. 22, 1939, c. 431, Art. departure from institutions herein above mentioned. 7, §6.) (Act Apr. 22, 1939, c. 431, Art. 7, §3.) 3199-107. Duties of Society for Prevention of 3190-104. State board of control abolished and Cruelty transferred to said society.—All the rights, powers and duties transferred.—The State Board of powers, and duties of the Minnesota society for the Control is hereby abolished. The powers and duties prevention of cruelty conferred by Mason's Minnesota of the .State Board of Control as provided by Section Statutes of 1927, Section 53-59, upon the state board 4405, Mason's Minnesota Statutes of 1927, are hereby of control are hereby transferred to, vested in, and Im- continued and imposed upon the director of public posed upon said society, which shall be constituted in institutions. (Act Apr. 22, 1939, c. 431, Art. 7, §4.) the same manner and for the same purposes and with the same rights, privileges, powers, and duties as prior 3199-105. Social Security Board.—The directors of to the enactment of said Section 53-59. All unexpend- the divisions of the Department of Social Security shall ed funds appropriated to tbe state board of control constitute the Social Security Board, which shall be an for the prevention of cruelty are hereby transferred agency of the department. The director of social wel- and appropriated to said society. The state board of fare shall act as chairman of the board, and the direc- control is hereby authorized and directed to transfer tor of public institutions or his designated agent shall and deliver to said society any and all personal prop- act as secretary of the board. The board shall have erty of the state in charge of said board and now be- the power and duty to co-ordinate the functions, ac- ing used for the purposes specified in this section. tivities, budgets, and expenditures of the several di- (Act Apr. 22, 1939, c. 431, Art. 7, §7.) visions of the department and to provide for the The reference "53-59" should read "53-39." prompt exchange of information between divisions so Editorial note.—The reference "section 53-59" is er- as to avoid duplication and promote efficiency and roneous, and should have been "section 53-39." Reference to Mason's Minnesota Statutes §53-59 la economy. In all cases where the different divisions evidently a typographical error since reference is clearly have similar or related functions, it shall be the duty meant to be 553-39. Op. Atty. Gen. (644), June 5. 1939. of the board to provide, by rules and regulations, for Reference to Mason's Minn. Stat. 1927, §153-59 is ob- the joint use by such divisions of information, services viously an oversight and should be §53-39. Op. Atty. Gen. (640). Sept. 7, 1939. and facilities relating to the performance of such Society for prevention of cruelty is subject to provi- functions, so far as practicable. Otherwise the board sions of act with respect to purchases. Id. shall not have power to direct or control the acts of any member of the department except as expressly au- LOCAL AND TEMPORARY ACTS Laws 1937, c. 209, appropriates J2.000.000 for distribu- thorized by law. (Act Apr. 22, 1939, c. 431, Art. 7, tion by exei-utive council to communities and agencies §5.) for poor relief. CHAPTER 16 Intoxicating Liquors Act Apr. 13, 1933. c. 214, provides tor convention to Judicial notice Is taken that moonshine Is an intoxicat- consider repeal of 18th amendment to federal constitu- ing beverage. The word "potable" means drinkable. 177 tion. It is temporary and specific, and is omitted from M500, 225NW431. this compilation. 3200-1 to 320O-4. [Repealed]. PROHIBITORY LAW This act (Mar. 27, 1933, c. 115) prohibited the manufac- ture, sale or transportation and the possession of liquor 3200. | Repealed 1- containing: more than 3.2% of alcohol by weight. It was Repealed. Laws 1933, c. 130. repealed by Act Jan. 6, 1934, Ex. Ses., c. 46, {58, post. 53200-58. 1. In ftreneral. Annotations under Act Mar. 27, 1033, c. 115. It would be unlawful for grocer to possess or to sell In view of Laws 1933, c. 115, a city may require from wort knowing that it was designed or intended for use in licensee a bond conditioned upon observance of city or- the mnnufftcture of beer Op. Atty. Gen., May 25, 1932. dinance but not upon observance of state or federal law. 4. City ordinances. Op. Atty. Gen.. May 13. 1933. A complaint charging one only with possession of in- This act repeals Mason's Stats., (3230. Op. Atty. Gen., toxicating liquor was insufficient under an ordinance Aug. 19, 1933. prohibiting the maintaining of a liquor nuisance. State 1. v. Tremont, 185M101, 240NW118. See Dun. Dig. 4938a. Wine of less than 3.2% of alcohol may be sold with- out restriction. Op. Atty. Gen.. Apr. 20, 1933. 0. Indictment, Any ordinance denning intoxicating liquor to mean Complaint held not sufficient to sustain conviction for any liquid containing more than % of 1 per centum of manufacture of beer. Op. Atty. Gen.. May 25. 1932. alcohol is in conflict with this act. Op. Atty. Gen., July 174M457, 219NW770. 10, 1933. Indictment charging maintenance of a liquor nuisance. held sufficient. 177M278, 22ENW20. Liquor or persons seen drinking intoxicating liquor in an automobile is not admissible for prosecution under 6. Evidence. this act. but would be admissible in prosecctlon for Evidence held to warrant conviction for maintenance drunken driving or other criminal proceeding. Op. Atty. of a liquor nuisance. 177M278. 225NW20. Gen., Sept. 18, 1933. 749 §3200-5 CH. 16—INTOXICATING LIQUORS 2. town is not entitled to share in license money. Op. Atty. Search warrants may not be issued under authority of Gen., Apr. 6, 1933. this act. Op, Atty. Gen., Apr. 27, 1933. Where Home Rule city charter contains a method of There is now no law authorizing; issuance of search enacting- ordinances city council has power to license warrant to discover evidence of violation of liquor laws. vendors of non-intoxicating malt liquor and regulate the Op. Atty. Gen., June 27, 1933, sale thereof by ordinance enacted in the manner provided City of St. James under its home rule charter may au- by the charter. Op. Atty. Gen., Apr. 7, 1933. thorize search warrants by city ordinance. Op. Atty. Only duty and authority imposed upon boards of town- Gen., June 28, 1933. ship supervisors by this act is that of either approving There is now no law authorizing officers to make search or disapproving applications for licenses, the determina- for intoxicating- liquors and only method of enforcing tion of amount of license fee and making of regulations such laws is to hire detectives for purpose of making pur- being for the county board. Op. Atty. Gen., Apr. 7, 1933. chases. Op. Atty. Gen., June 21, 1933. City or village council cannot stop manufacture or sale A sheriff has legal right to seize alcohol being trans- of non-Intoxicating malt liquor direct to consumers in ported in automobile, but he may not seize the vehicle.
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