Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1914-06-10

building inspectors; and Par. 81 OF
The same section empowers the city
council to declare what shall be q
nuisance and abate the same, and I'M
nose fines upon persons who may
create. continue or suffer nuisances
IN exist. In an attempt to exercise
the power thus granted, the city coun'
Gil of Fargo enacted ordinances pre-
scribing the fire limits and contain
ing very lengthy and detailed regula'
tons regarding 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
construction or material alteration
or repair OF any building In the city,
and the submission of a statement
regarding the dimensions, etc., t0geth-
er with full specifications and plans,
to the building inspector, makes 1t
unlawful for any one to- proceed to
construct or materially alter any
building without such permit, ana
makes the alteration in OF addition
to any building already erected, ex-
cept necessary repairs not affecting
the construction of the external walls,
roofs, chimneys or sidewalks, subject
to the regulations of the ordinance.
Sec. 81 of such ordinance makes it
unlawful to repair any frame build
ing within the fire limits, when It
has been damaged by the elements
or decay to the extent of so percent
exclusive of the foundation, and pro-
vides a method for determining the
extent of the depreciation. A fee OF
from 81 to 81 is required to be paid
for the issuance of a building permit,
the amount of the fee depending on
the cost of the building or improve
ments. Held that such provisions
are not so unreasonable that this
Court can say they are invalid for
the purposes for which they are in.
tended and to which they are appli.
cable.
CO Statutory provisions giving
municipal corporations power to
prescribe fire limits and direct the
removal of buildings therein should
receive a strict construction in favor
of the owners of such buildings, and
the power to destroy valuable prop
erty, lawfully erected, is imperative
and void, unless the thing is in fact
l nuisance.
80 The requirement that a fee
be paid for the examination of plans
and specifications and the issuance
Of a permit, ranging from 81 to 81
according to the valuation, is not un.
reasonable.
9) The power conferred upon a
city council and commission to deter.
mine whether proposed construction
or repairs Of buildings come within
the provisions Of the ordinance, and
to 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
in the Courts
(SyiIabus by the court.)
Action to. enjoin the city commits.
sion and city engineer of the city of
Fargo from interfering with the
rights of plaintiff to make repairs
upon a building owned by her within
the fire limits of the city of Fargo,
and from constructing and maintain
ing a fence to urn pedestrians off
the sidewalk adjoining such building.
The defendants had judgment dis.
missing plaintiffs action, from which
this appeal was taken.
c. A. POLLOCK, ].
Affirmed. Opinion of the Court by
Spalding, c. J.
NJ. A. Hildreth, of Fargo, N. d., for
Appellant.
Emerson H. Smith, of Fargo, N. D.,
for Respondent.
From Hettinser County.
Ray Swallow, Plaintiff and Appellant,
vs..
First State Bank, a corporation, De-
PENDANT and Respondent.
~ Notice of motion for new trial
examined, and held sufficient, under
Section 1904 R. C. 1906.
(2) Chapter 176 s. L. 1907 amends
the common law penalty or the tort
OF refusing to discharge of record a
mortgage that has been paid, and the
penalties provided by said Section
are III lieu of exemplary damages. .
(syI|abus by the County
Appeal from the District Court of
Hettinger County, Crawford and
Nuchols, j.
Affirmed. Opinion of the Court by
Burke, j.
J. K: Murray, Mott, N. D., Attorney
Tor Plaintiff and Appellant.
crane & Stone. Mott, N. D., Attor.
ney for Defendant and Respondent.
From Nelson County.
Julia stenson and Ole G. Flaagen,
Respondents,
VS..
n. S. Halvorson Company, a Corpora,
ton, ct. al.
l. An Indebtedness owing by A..
heir to the estate, held, to constitute
a prior equitable lien upon such heirs
~distributive share of the estate as
against the liens of judgments docket.
ed against him.
2. Evidence examined, and held.
fhnf fh1 ES~ @S~- %