Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-09-21

SUPREME COURT

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By decision handed down this
morning the supreme court reverses
the district court of Burleigh county
and defines the powers of the secre-
tary Of state in the revocation OF the
charter or license of foreign corpora
tions to do business in North Dakota.
The suit in question grew out OF the
action of Secretary Of State Bialsdell
in 1898 when he charged the Standard
OIL company, a corporation of Whit
ing, Ind. with discriminating In the
price OF it's commodities. The action
was brought by Attorney General NC
Cue and the secretary of state at
tempted to hear evidence and exercise
judicial powers. This action was sus'
tanned by the Burleigh district court
and the Standard Oil company took an
appeal to the supreme court, filing
bond of $4,000.
In it's decision the court holds that
portion of the statute giving the Sec
rotary of state judicial power uncon'
stitutional. The opinion is one OF the
most important delivered in a long
time and is given in full below:
In supreme court, state \of North
Dakota, April, 1911, term.
The State of North Dakota, ex rel
Standard Oil company. a corporation,
plaintiff and appellant, vs.. Alfred
Blaisdell as secretary of state of North
Dakota, defendant and respondent.
(1) The people, through the con-
stitution of this state, have created
three departments of government,
each supreme in its own sphere.
(2) Section IS, constitution of
North Dakota. vests the judicial power
of the state in supreme court, dis
.trict courts, county courts, justices of
the peace and in such other courts as
may be created by law for cities, in
corporated towns and villages.
(3) The secretary of state Is not
a judicial officer, under the constitu-
ton, and judicial power cannot be
vested in him.
a. While it is extremely difficult
to formulate any definition of judicial
power which will be applicable to all
cases, it may be said in general that
it is authority vested in some court,
officer or person to hear and deter
mine when the rights of persons or
property or the proprietv of doing an
act are the subject matter OF adjudi-
cation.
90 Official action, the result of
judgment or discretion, in such cases
s judicial act.
(6) Section 2 of Chapter 258 of the
Laws of 1907. provides that when COM
plant shall be made to the secretary
of state that corporation chartered
in this state or authorized to do bust.
ness therein has been guilty Of unfair
he shall issue notice
fixing date for hearing on such
charge; and that II, in the opinion of
the secretary of state, such corpora
ton has been Intentionally or will
fully guilty of unfair discrimination
for the purpose of destroying or
venting completion. or for suc> pIf.
pose shall wilfully refuse TO sell the
in which it deals, he shall
so find and make record OF such
finding upon the records of his office,
and shall at once forfeit the charter
of the corporation, If domestic or re-
woke and forfeit its permit to do bust
ness in the state, II foreign corpora
ton. Held, that these provisions re.
quire the secretary of state to hear
evidence for and against, determine
the relative weight thereof, the intent
of the corporation charged, to find the
facts. and to apply the law thereto,
and If he finds such acts are not in
nocently done, to impose a penalty;
and that such provisions require, on
the part of the secretary of state, the
exercise of judgment OF discretion
upon the evidence submitted, as to in
tent and purpose and it amounts to
a notice and trial and judgment Of
acquittal or conviction. as, in the
opinion of the secretary of state, the
facts and law require. Held, further,
that the duties above referred to are
clearly judicial in their Asture; and
that so much of said chapter as re:
lates to the duties of the secretary of
state in determining whether to can
eel charters Of domestic corporations
or revoke permits of foreign corpora
IAOA0, Is OOAOAlOuS W OCCCAOA on VI LLC
constitution of this state, and there
fore, void.
~ The provisions Of Chapter 25S,
supra, above referred to are void for
the further reason that the proceed
ings contemplated do not constitute
due process of law.
(Syllabus by the court.)
Appeal from distric' court Bufleigh
county; Winchester, ].
Application by the relator for writ
Of ceritiorari directed to the secretary
of state. Judgment for defendant. Re-
lator appeals.
Reversed.
Alfred D. Eddy robert w. Stewart
and Ball. Watson, Young & Lawrence,
for appellant.
Andrew Miller, attorney genera, and
c. L. Young assistant attorney general,
for respondent.
Opinion by Spalding. ].