Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-11-18

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alone to determine the manner in
which said lands may be disposed OF
in furtherance of the purposes of said
grant.
All legislative power in this state
is vested in the senate and house OF
representatives, and the legislature
cannot delegate such power in rela-
ton to purely legislative matters.
The power to determine the man
ner of the use of the land granted by
section II of the Enabling Act is
purely legislative and cannot be dele
gated to a commission.
The power to limit the sum that
shall be used for each public build
ing authorized by said section II is
purely legislative and cannot be dele
gated to a commission. .,.
Chapter 166, laws of 1905, provid-
ed for the appointment of capitol
commission by the governor. Said
SoihhhiSSioh was IASiCpy 5lNcA du
thority to remodel and reconstruct
the capitol building of the state and
to erect a governors residence at
the capital out of the proceeds of the
lands donated to the state by con.
gress. The law did not specify what
sum should be used for the capitol
building, nor what sum should be
| used for the governors residence,
nor specify when the buildings shall
be completed. Held, that the law is
invalid as an unwarranted delega-
ton of purely legislative powers.
Original application for writ of in
junction. George A.. Bangs, John A.
Sorley, and Spalding & Stambaugh
for the plaintiff.
G. N. Erich, attorney general, R. N
Stevens, assistant attorney general
| (Tracy R. Bangs of counseD for the
defendants. '..'
Morgan, G. j.: The relator seeks
| a permanent injunction restraining
the defendants from further proceed
ing toward the remodeling and recon
struction of the capitol building OF
the state of North Dakota, and from
all other proceedings by said board
provided. for by chapter 1855, laws OF
1905. Said chapter provides for the
| appointment by the governor of a
board of capitol commissioners, con-
sisting of three persons. It provides
that such board shall have power to
make contract for the remodeling
and reconstruction of the capitol OF
the state of North Dakota, and fol
the erection Of governors residence
on lots owned by the state in Bis.
marck. The details as to how funds
shall be procured by issuing and sell.
ing certificates of Indebtedness to be
drawn solely against the funds de.
rived from the sale of public lands
lgranted by congress to the state un.
der sections IL and II of the Enabl
ing Act, are provided for by the act
The members of the board were duly
appointed by the governor and con
firmed by the senate. The member.
thereof duly qualified Under their ap
pointment by taking the oath an.
giving the bonds required by the act
and duly organized as board by the
election of president and the ap
pointment of a. secretary. After
wards the board advertised for plans
and specifications for remodeling ant
reconstructing the capitol building
and for bids for doing the work am
furnishing the materials under tn;
plans and specifications furnished
While such advertisement was pro
ceeding, a preliminary injunction
was issued by this court, upon com
plant verified by the relator. A,
order to show cause was incorpor
ated in said preliminary injunction
why the same should not be contin
ued in force permanently. The de
PENDANTS appeared, and issue havin,
been Joined on the allegations of TIL,
complaint, the same were argued
before the court on October 23d, th,
hearing Of the order to show caus
having been set on that day.
1 The plaintiff alleges in the com
plant that chapter 166, laws Of 1865
under which the defendants are pro
Iceeding, is unconstitutional and void
and that the defendant board is pro
ceeding In direct violation of sal,
chapter, which specifies what thei
duties shall be and how they shall
proceed. In general, the complain
alleges that the board is proceeding
to carry out the provisions Of sal,
act before 1t is practicable. and i
therefore contrary to the terms d
the act; and that the board has VIC
lated section s. OF said act, which
prescribes their duties as to selecting
plans and specifications and receivinl
bids. The claim is made in supper
"a 1s