Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-02-06
\. ]. L|NDE WINS
LEGAL VICTORY
IN THIS CASE
Appeared in Defense Of Act, At
tackled by State Bonding .
Companies.
WISDOM OF LEGISLATION
NOT JUDICIAL MATTER
Judge Christianson Writes 0pin.
ion of Tribunal, Others
Concur.

AlIcI d plOlOllScu uloiiH' SNIShuAno
through two sessions OF the leglsla-
ture and twice submitted to the con-
sideration of court, the supreme
court yesterday held that the law
creating a state bonding fund is con-
stitutional.
The petition of b. V. Moore, repre-.
sentative OF Fargo bonding COM
pany, for a writ to restrain w. c.
Taylor putting the law into effect is
denied.
This decision clears the way for
the creation Of a state bonding de-
partment for the purpose of furnish
ing bonds to county, city, town, VII
lage, school and township officers.
The court holds directly that no
provision of the federal or state con-
stitution has been violated and that
the wisdom, necessity or expediency
of the legislation are matters for leg
islative and not judicial considera-
ton.
The Syllabus.
In the Supreme Court. State OF North
Dakota, December Term, 1915.
State of North Dakota, en- rel Henry n..
j. Linde, Attorney General, and E.
v. Moore, Relator, Plaintiffs.
w. C. Taylor, Commissioner OF lnsur-
ance OF the State of North Dakota,
and as such Commissioner; John
Steen, State Treasurer, and as
such Treasurer; and ]. G. Johnson,
State Examiner of the State OF
North Dakota, and as such Exami-
ner Defendants. +"'t
The Syllabus ''tl5'tF Y
Q). The:Hprerogative jurisdiction OF
the Supreme Court may be exercised
only in cases wherein the questions
involved are public juris, and the
sovereignty of the state, or it's fran
chises or prerogatives, or the liber-
ties of its people are affected, and
this jurisdiction cannot be exercised
to vindicate or protect mere private
rights regardless of their importance.
(2). In an original proceeding in
the Supreme Court, the State is the
actual plaintiff, and the relator, a
mere incident.
Only Test.
(3). The only test of the validity
of an act regularly passed by state
legislature is whether it violates any
of the express or implied restrictions
of the state or federal constitutions.
(4-10). The wisdom, necessity, or
eXpediency of legislation are matters
for legislative, and not judicial, con-
sideration.
(5). Chapter 81 of the laws of 1915,
establishing State BONDING Fund
for the purpose of furnishing official
bonds for county, city, village, school
district and township officers is not
unconstitutional, as comforting judi
cial powers on the State Examiner
and Commissioner of Insurance.
(6). Courts are not at liberty to de-
clare a law void as in violation of
public policy. Such policy is deter
mined by the legislature, and the only
limits upon the legislative power in
such determination are those fixed
in the State and Federal constitu-
tions.
To Give Effect.
(O. Chapter 62, laws 1915, is not
invalid on account of delegating legis-
lative power to the Commissioner of
Insurance and State Auditing Board.
(S). The object of all statutory In
depreciation and construction is to
ascertain and give effect to the in
tention of the legislature.
(9. It is presumed that the legis-
lature intended to enact valid law,
and, therefore, when statute is sus-
ceptible, of two constructions, one of
which will render it valid and another
which will render it unconstitutional
and void, the former construction will
be adopted.
(1D. All constitutional inhibitions
against the taking Of private proper
ty without due processof law, and all
constitutional guarantees OF equal
rights and privileges are for the ben
eft of those persons only whose
rights are affected and cannot be TAX
en- advantage of by any other per-
sons.
Original Proceeding.
(12). In an original proceeding in
the Supreme Court, wherein law is
assailed as being unconstitutional,
the court will not anticipate condi-
tions. which may never arise, or de-
termine questions relating to the val
idity of minor provisions which relate
to the validity of the whole act.
(13). Chapter 81, laws 1915, is not
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