Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1893-01-13

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Compilation Committee Report.
TO the Legislative Assembly of the State
OF North Dakota, in Third Session AS
Sembled.
GENTLEMEN:-Under the provision of
chapter 81 of the general laws of 1891 the
governor of the state was empowered to
appoint three persons to compile, arrange,
classify and report to the legislative as
sembly the laws of the state in force July
1, 1892.
Pursuant thereto the governor desig-
mated the undersigned to perform the du-
ties enjoined by said chapter. The COM
mittee duly qualified and entered upon the
discharge of its duties on the Goth day of
March, 1891, and have continuously prose-
cuted the work. Under the authority of the
statute, Mr.. John F. PhilbrlcK of Bismarck,
was appointed clerk and has served in that
capacity from March 26, 1891.
The statute conferred no power to revise
OF reform the law. ''To classify and arrange
existing law and report contradictions, i'll
constituencies, omissions and recommend
such laws" as in our judgment would be Of
use and benefit to the state for the "infor-
nation, assistance and action of the legis-
lative assembly," comprised the Whole
power conferred upon the committee.
Restricted by law to The code of 1877, our
general plan Of compilation has involved a
careful scrutiny of the statutes enacted
from 1879 to 1887, to determine if they were
accurately and wholly compiled and class
fled in the compilation of 1887 and to purge
that compilation of redundant, in consis-
tent, obsolete and unconstitutional provis-
ions. Next, to critically examine, compare,
classify and arrange the statutes enacted
in 1889, 1890 and 1891, and the special ses-
sion OF 1892, to ascertain such as remained
in force, collect those relating to kindred
subjects and those rep%ealed-either by eX-
press direction, repugnancy to the constitu-
ton, subsequent legislation or other i'm
p~lication-tO designate those obsolete, in
applicable to our present condition of
statehood, those of insufficient public i'm
povtancc to warrant omission from the
complication and to classify and arrange
all enactments under appropriate heads,
in logical order, to present a uniform and
harmonious whole.
Each section and chapter required exam
nation and care in adjustment and fire.
Quently a section has required longer
study and more microscopic examination
to determine its relation to existing law
than have whole chapters. To accurately
determine what is the law has required
more than was pr%esupposed. 1t necessi-
tated the examination Of many statutes, Il
comparison of judicial authorities and the
decisions Of courts Of states having kindred
legislation. These have been carefully
investigated and the rules of %interpreta-
ton as %judicially construed have been APP
piled in the compilation.
1t is true that, in Il measure, we have
sought to reform the law by proposing
new legislation for the action of the legis-
lative assembly, and 10y q general repeal
ing law which eliminates obsolete, re-
dundant, inconsistent, unnecessary and
unconstitutional laws, but our RESPONSE
bility therefor ceases upon their submits
sion to the legislative assembly. The con-
stitutiOn Of the state is the supreme law,
subject only to the constitution of the
United States, consequently legislation on
subjects embraced in that instrument is
generally nugatory and we have omitted
it. In ali occasional instance we have pro-
posed legislation, couched in substantially
the language of the constitution in order
to render the subject matter of a given
chapter more complete and logical. Some
chapters have been wholly dropped as en-
bracing matters of trivial Importance aud
OF insufficient public interest.
The constitution prescribes that the
counties lying north of the seventh stand
ard parallel shall constitute the counties of
North Dakota. No proper designation of
the boundaries OF any county can be given
except upon IN examination of session
laws extending back long prior to the
code of ~, and we suggest as a matter of