Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-09-23
charitable corporations, the right to

charitable corporations, the right to
do business in this state on filing in
the Office of the secretary of state
duly certified copies of their charters
or articles of incorporation and APP
pointing the secretary of state as at
torney to accept service of process.
The secretary is required to make a
record of such articles of incOrpora-
ton in book kept for that purpose.
r C. 1905, Chapter "a. He collects
a fee for filing and recording such
articles and for filing and recording
his certificate of appointment as at
torney; but is not required to issue
any certificate showing the authority
of a foreign corporation to do business
within this state. No specific limit
is placed upon the time during which
a foreign corporation is permitted by
such action to do business within this
state. 1t is clear that all the acts and
duties of the secretary of state in
the first instance are purely minis
terial. OF what nature are the duties
imposed upon him by Chapter 25S,
Laws of 1907? If they are executive
or administrative the law is not sub
ject to the objection under considera-
ton. On the contrary, If the duties
imposed upon the secretary Of state
by Chapter 258, supra, are judicial
in their nature the law conflicts with
the Constitution and the acts of the
secretary in undertaking to enforce
the provisions of Chapter 25S, supra,
are in excess of his powers, he is
without Jurisdiction In the premises
and they are wholly illegal and void.
1t may aid in determining these
questions to cnsider briefly what con-
stitutes judicial power. 1t will be
unnecessary to formulate definition
which includes everything which may
come under the appropriate title of
judicial powers, but only to determine
those things or acts which appropri-
ately belong hereunder as applicable
to the instant case. Judge Cooley
says: "On general principles, those
inquiries, deliberations, orders and
DEGREES which are peculiar to such a
department. must in their nature be
judicial acts" Cooley's Constitutional
Limitations, III. And the same author
on the same subject says that the ju-
dic,al department Of government Ia
that department which it was intend
ed should interpret and administer the
laws. And definition which we con-
slider appropriate and fully sustained
is that judicial power is authority
vested in some court, officer or per-
son to hear and determine when the
rights Of persons or property, or the
propriety of doing an act. are the
subject matter of adjudication. Offi'
c'al action, the result of judgment or
discretion in such case is judicial
act. % Cyc. 1920 and citations; Ter
ritorv vs. Fox. 5 OAK SOL; State VS..
r.e Claire. 1856 Me. 522: Order VS.
Tally. "a Am. Rep. 66. II Ala. 422:
Owners Of Land VS.. the People, *
rel ia III. 300.
In U. s. vs.. Rider ct al. so Fed
4O6, the court construed an act OF
congress providing that when the sec
rotary of war shall have reason to
believe that any bridge is an obstruc'
ton to free navigation he shall give
notice requiring the bridge to be Sc
altered as to render navigation
through or under it easy and unob-
structed, and imposing penalty on
the controllers of the bridge for fall
ing to make such provision; and 1t
was held that as power of the secre'
tary depended upon his having adj
judged that the bridge was an OBJ
struction and that under the terms
of the law his adjudication was made
final and conclusive. this was a
judicial power, and that congress
could not delegate such power to the
secretary of war.
In Church VS.. Town of South Kings
town (Rhode Island) 50 l.. r. A. 739.
the question before the court related
to the liability of town for the care
of pauper. and three questions were
presented for determination: LIST, Was
the person a pauper? End, Had he
a legal settlement in the town sought
to be charged? 3rd, Had the defend
ant town failed in the discharge OF
it's duty to suitably care for him?
Inc legislature VI IcIOuo lSAdAu Ao"
enacted a law providing that when 1t
was claimed a pauper was not suitably
cared for by the town to which he
was chargeable, upon five days notice
to the commissioners or overseers ut
the poor of such town. and on con-
tinued neglect Of the town, complaint
might be made in writing to the appel
late division of the supreme court or
any justice thereof. setting forth the
ature of the grievance complained
of: and that such division or justice,
after ordering notice to the town OF
the tendency of such complaint,
might, in its discretion. appoint a
commission who would visit the
pauper and on hearing evidence and
allegations of the parties, report to
the court or justice whether the COM
plant was we'll founded. II 1t ap-
peared from the report OF the COM
missioners that the pauper was not
suitably provided and cared for, such
court or justice should pass an order
requiring the town authorities to pro-
vide suitable accommodations and
care, etc. And it was held that the
statute conferred upon the commission,
appointed by the court judicial powers
in that it was required to find the
facts and apply the law, and that tho