Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-12-30
FULL Text of the Decision of
49,. the $p@tt@D'@ Reward Case
DECISION WILL BE FAR REACHING IN EFFECT If
- IT IS CARRIED OUT.

OBSERVATION-DISCLOSURES.
by Chapter 1877, Laws of 1907, known
os the temperance commissioner law.
This contention is abandoned in this
court, and were this the only Ques-
ton involved the order and Judgment
of the district court would undoubted-
y be affirmed. Other questions have
been discussed here of such nature
that, eeven though not call d to the
attention of the trial court, they must
(be considered by this court. Chapter
1879, Laws of 1908, emitting the title,
reads as follows:
"1. The sum of fifty dollars shall
be maid to any person or persons for
the arrest and conviction of each ana
every person who violates any OF the
provisions of cha2te 63 of the nenal
code of the state of North DaKota,
which amount shall be paid to the
nerson u persons eneteitled thereto,
on a presentation of certltlcate Is
sued as hereinafter provided from tine
states attorney where such CONVICTION
was had; setting forth the object TOR
(which the same was issued to the
treasurer of the poper county; and
said treasurer shall take a receipt
for the same setting for the Object for
(which it was paid, which certificate
nnd receipt shall be forward to the
state auditor, who shall, at the next
settlement, place a warrant for sucn
amount in the hands Of the state
treasurer to be credited ON the SET
Element with the said county treas
urer. ~
"2. Any person or persons claim!
ing such reward shall, within twenty
DAVIS after the conviction Of the Grim
ina1. Amply to the states attorneys
offi.e of the county wherein such con-
viction was had, who Shall ther7up-
on issue to such claimant tine GER
tifioate provided for in section dhere-
Of
Section g. of the constitution reads:
The general appropriation bill snail
embrace nothing but appropriations
for the expense Of the executive, leg.
islative and judicial dlapa, tments or
tAoe state. the interest on the public
debt and for public schools. All otn-
er aupropriations shall be made 10y
snecial bills. each embracing but one
s1,bi Ct Section 1876 Of the const1tu-
tion nnovides that no money shall ne
Maid out of the state treasury except
on appropriation by law and on war
rant drawn by the proper ofhcer Inc
constitution, section ia, requires the
legislature to provide for raising
revenue sufficient to defray the ex-
manses of the state for each year. mo"
to exceede in any year four MINIS Oh
the dollar of the ass ssed valuation OF
the taxable property OF one soate'
= + and also "a sufficient SUM 10
nav the interest on the state DEBT.
The important question to be deter
mined on this appeal is, does chapter
139. Laws Of 1903, constitute valid
AUTHORIZATION of the revenues or the
state? Courts have furnished num-
erous and varying definitions OF the
word appropriation" when applied
to a legislative act, but it Is clear to
ia that no legal definition OF the
word can be given applicable to all
states: that the provisions Of the con-
stftutions of the state whose law Is
being construed must be taken INTO
consideration. Under the terms OF
some constitutions provisions MADE
nv the legislature for the payment or
ohligations Of the state may be ap-
nronriations, which under the terms
of others, would be indefinite ana
would furnish no warrant Tor the
payment OF money by the state ON
Gals. Section 62 seems to contem-
plate that each legislative assembly
shall, in one act, make approprla-
tions for the various purposes or
subjects enumerated thereon, and
that it shall be known as the genera!
appropriation act, and that out OF
the appropriations made by that act
the disbursements coming within
the terms of section 81, or belong
ing to the departments, or intended
for the purposes, therein named, snail
be paid. TO our surprise we find, on
an examination of the appropriation
a cts since statehood, that no such law
has been enacted, although there are
continuing appropriations for many
of the objects and purposes covered
by that section, such as salaries OF
state officers and the like. That Sec
ton also seems to contemplate a sep
arate act appropriating money spec
ifically for each purpose and object
not included in it's terms. We hnd,
from examining the authorities, a
difference in the corresponding pro-
visions of other constitutions, some
using the word 'specif1c" in refer
ence to the payment of money on
appropriations, requiring spec1nc
appropriation. We are of the opin-
ion that the last sentence of section
g. recurring all other appropriations
to be by special bills embracing but
one object is equivalent to the use
of the word specific" Chapter lS9
Internationally comes within the
terms of the latter clause of section
81 If it contains all the elements nee
essary to constitute an appropriation
keeping in view the limitations OF the
various sections from the constitu'
ton. It sets apart the sum OF $50 In
each case for the purpose of paying
the reward in that case or to that
person and provides for making the
payment BY means Of and through
the settlement between the respective
county treasurers and the state
treasurer, hut 1t lacks one element,