The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1914-06-08
City Wins Case in
Which Mrs. RusseII's
Building Was Involved
Supreme Court Hands Down Important Ruling in Con
nection With Case Where City Commission
Condemned Building as Unsafe
strength and manner Of

the thickness, strength and n Of
constructing stone, brick and other
buildings, n to provide for the in
SpeCtiOn Of all buildings, and author
i2e the city council to prescribe the
limits within which wooden buildings
shall not be erected or placed or re-
paired without permission, and to
direct that all of any buildings with
In said limits, which shall be known
as the fire limits, when the same
shall have been damaged by fire, de-
cay or otherwise to the extent of so
percent Of the value, shall be torn
down Or removed and to prescribe the
manner Of ascertaining such damage
v 4 " and by ordinance provide for
issuing building permits and appoint
ment Of building inspectors; and para
graph 81 Of the same section empowers
the city council to declare what shall
be a nuisance n abate the same, and
impose fines upon persons who may
create, continue or suffer nuisances to
exist. In an attempt to exercise the
power thus granted, the city council Of
Fargo enacted ordinances prescribing
the fire limits and containing very
lengthy and detailed regulations re-
garding the construction Of buildings
In said city, and especially within
such limits. 1t makes the city engineer
inspector of buildings and requires a
permit before the erection, construc-
ton or material alteration or repair
Of any building in the city, and the
submission of a statement regarding
the dimensions, ETC., together with full
specifications n plans, to the build
ing inspector. makes it unlawful for
any one to proceed to construct or
| O01t6Ti9 llHy alton onu hni1Iiry without
such permit, and makes the alteration
in or addition to any building al
ready erected, except necessary re-
pairs not affecting the construction Of
the external walls, roofs, chimneys or
sidewalks, subject to the regulations
Of the ordinance. Section 81 of such
ordinance makes it unlawful to repair
any frame building within the fire
limits, when it has been damaged by
the elements or decay to the extent of
so per cent exclusive Of the founda-
ton, and provides a method for de-
termining the extent Of the deprecia-
ton. A fee of from 81 to 81 is re-
quired to be paid for the issuance of a
building permit, the amount Of the fee
depending on the cost Of the building
or improvements. Held that such pro-
visions are not so unreasonable that
this court can say they are invalid for
the purposes for which they are ap-
plicable.
Z. Statutory provisions giving
municipal corporations power to pre-
scribe fire limits and direct the re-
moval Of buildings therein should re-
ceive a strict construction in favor
Of the Wne Of such buildings, and
the power to destroy valuable
property, lawfully erected, Is in-opera-
tive and void, unless the thing is in
fact a nuisance.
8. The requirement that a fee be
paid for the examination Of plans and
specifications and the issuance of a
permit, ranging from 81 to ST, ac-
cording to the valuation, is not un-
reasonable.
8. The power conferred upon a city
council and commission to determine
whether proposed construction or re-
pairs Of buildings come within the
provisions of he ordinance, and tc
abate a nuisance, Is delegation Of
police power and does not constitute
judicial power in the sense that such
power is vested by the constitution ir
the courts.
(Syllabus by the court.)
Action to enjoin the. city commits.
sion and city engineer Of the city O
Fargo from interfering with the rights
of plaintiff to make repairs upon 6
building owned by her within the fir'
limits of the city of'Fargo, and from
constructing and maintaining a fence
to turn pedestrians off the Sidewalk
adjoining such building. The defend
ants had judgment dismissing plain
tiff's action, from which this appea
was taken. Hon c. A. Pollock, J.
Affirmed. Opinion Of the court b.
Spalding, C. j. IS
M. A. Hildretn, of Fargo, N. D., TO
appellant.
Emerson H. Smith. of Fargo. N. d
for respondent