The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1917-06-13
DECISIONS OF
SUPREME COURT
From McIntonh Cohntx.

Village Of Ashley, in Mcintosh coun-
ty. North Dakota. plaintiff and re-
sault Ste. Marie Railway Co, a corpor-
alton, defendant and appellants
Syllabus: Under subdivision of
section 1851 of the complied laws of
trustees OF villages the power to lay
out, open, grade and otherwise improve
streets, such board is authorized to
pass an ordinance extending a village
street across railroad right-of-way.
2. From the fact that the legisla-
ture has conferred upon city councils
by express provision subdivision 6S,
section $500, G. L. 1919 authority to
lay out and extend streets, by condem-
nation or otherwise, across the rights
of-way of railroad companies, it is not
to be assumed that it was intended to
withhold from boards of trustees of
demnation under sections 1908 and
1885, G. L. 1913, for the accomplishment
of similar purposes. ..-
8. owing to the obvious necessity
that public streets and highways should
cross railroad tracks, municipalities
may proceed to extend streets under a
general power of appropriation.
4. The regulatory power conferred
upon the board of railroad commission
ers is not inconsistent with and does
not detract from the power given to
boards of village trustees to extend
streets across railroad rights-of-way.
D. Inc 4uGSIlOu VI Inc hGCGSSlIy
the extension of a street is legislative
rather than judicial and its determine
tion IL vested with local municipal leg
islative bodies, and village ordinance
is competent proof of such necessity.
6. Where the legislature has not re-
CURED the observance of any formality
in the passage of village ordinances, 1t
is sufficient that an ordinance shall be
proved to be the will Of the governing
body.
Appeal from district court, Mcintosh
county; F. p. Allen, j.
Defendant appeals.
Affirmed.
Opinion of the court by Birdzell, j.
Robinson, j., concurs in result.
From Ward County.
State of North Dakota, plaintiff and
respondent, VS.. Peter Scott, defendant
and appellant.
Syllabus: Information examined and
held to state the crime of perjury.
2. Before, the shorthand notes of
court reporter can be read in evidence
the stenographer must be willing to
swear not only that such notes were
accurately taken, but that they have
not been changed or altered since the
taking. This is held to have been the
substantial import of the stenogra-
piers testimony in the case at bar.
8. There is presumption that
person who has acted in a public office
was regularly appointed thereto.
A. Whether the clerk of a county
court is competent to administer an
oath is a question of law for the scourt
to pass upon.
s. In a prosecution for perjury the
materiaIity of the questions asked on
the former trial and Of the answers
given thereto is for the court and not
the jury to pass upon.
6. Where, in an information for per-
Jury there are several distinct assign
ments, proof of any onesof them Is SUR
hcient.
z. 1t is always competent TO show
that witness is hostile to a party
against whom he is called.
Prosecution for perjury
Appeal from the district court of
ward county; Hon. X. =. Leighton,
Judgment for plaintiff. Defendant
appeals
Reversed.
Opinion of the court by Bruce, Oh. J.
Christianson, j.. concurs specially.