Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1917-08-25
Supreme Court Decisions

g. GAulke. petitioner, We. A. r. Tura
hefy respondent.
Syllabus:
l. The clause Of Senate Bill Mum.
Der 214. legislative assembly OF 1917,
which Provides that the commission
ty-lve per cent OF all fees c~olisoted
70 Create fund for Building public
grain storage warehouses within the
state, is not expressed In the title to
the act and is therefore ui1e6fstitua
ti1fal.
.. An act Of the Legislature which
violates the provisions of section 81 Of
the constitution OF North Dakota,
brace more ss' sha s,'a one e subject Ii5j saA, when sna1
shall be EXPRESSED in its title. il In.
validated only as to 80 much thereof
az IL not SO expressed.
8. The eonstitutienality Of an act
Of the legislature may be raised in q
habeas corpus procesding,
4. Where the. subject OF an act IL
single and the same is expressed In
its title, the act will not be i%nvalidat-
q plurality Of subjects. :
B.. The title 81 the act Under con.
sideration examined and held not to
contain more than n subject.
%: The constitutional provision
which provides that mo bill Shall en-
Brace more than one subject, which
Shall be expressed iii It's title is not
Intended to forbid or 70 prevent ih-
6ludiie in the bill such means as are
reasonably adapted TO secure the OBJ
jeots indicated BY the title.
u In consid erins the. title TO an
act ana determining whether the. pro-
visions In the body. are geffnafie there
to, the general subject must be con-
sidered and the specific wording Of
the title IL rot always important. II
is sAf1eieift ifEthe title. either BY Elk
press words or BY necessary or feA-
sonable implication from the mean
ing OF It's terms, includes the sub
Lject and the purposes OF the body st
the act. t. ~
g.. Under q title which expresses
the general purpose and subject OF the
regulation Of the marketing Of the
agricultural products OF q state, IL is
perfectly proper ana geffifane for the
body Of the act to contain provisions
for inspecting and grading, the crea-
ton or markets.. the granting Of H.
well as for the officers and deputies
to be appointed and the compensation
of such.
o.. The legislature may delegate 10
ministerial officers the power to r
ate and to enforce grades. 4
10. The legislature may delegate TO
q ministerial board the power to fx
the salaries and to determine the
nufnber OF employees necessary. TO
carry out ana enforce the provisiefig
II gsI'srai Inspector, lev provided
pended, shall not exceed the reasons
able cost OF sucli inspection, and Ii
paid from 9 fund created BY fees for
licenses and for Inspection and grad
Ing, and no part Of which ID to be
Used for any other purpose.
III. Mcense fees cannet be exacted
which are In excess OF the sum reAa
sefsabig. necessary for the expenses OF
regulation #85
u. The courts cannot review the
economic facts on which the leBis1as
ture 6fAsa state bases itA conclusions
thht an evil sxists ana should be REM
is. me issislAtnrs Of d state Is
givef, q lArGe discretion with refer.
promote the public welfare. and the
courts cannot undertake. to decide
whether the means adopted are the
only or. even the best means possiblo
TO attain the END sought
IA. Ministerial boards ana offieers
may be given the power 70 perfect the
Of which have BEEN laid down By Tie
IL = Senate Bill Number sl4 81 the
Legislative assembly OF 1917; and
which seeks to regulate the marketing
OF agricultural products In North Da-
Kota 10 not invalid or repuenant to the
proyisionS 81 sector, liza, sss q afsiSls e.
leaning Or giving Of public moneys ia
AID Of AYax fn&fvidN&1. A~sGadtAtt6n np