The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1918-08-14

within the state Of North Dakota, to
take out d license and provides that
the Dairy Commissioner may at any
time revoke. such license on evidence
that the dicense has violated any or
the existing dairy statutes of the
state. is constitutional and does not
deprive such licensees of liberty or
d2). The creamery business in North
Dakota is a business which is affected
with a public interest.
l3). Licenses may be imposed not
merely for the purpose of acting a.
temporary permissions 70 engage in
harmful occupations, but in order TO
control those that are useful that their
opera ton may be harmless and that
they may really su5serve the public
good.
(4. Licenses may be eXactea for
the purpose of regulation so that p
business which intimately affects the
public welfare may be brought WITHIN
the supervision Of the authorities, and
that the, regulations which are made
concerning it may be more easily ana
certainly enforced.
I5). The Dairy Commissioner OF
the state of North Dakota, whose or.
flee Is created by Sections 26Sa Nand
1856, Compiled Laws, 1913, is an lnde'
pendent officer, and, as far as his du'
ties as dairy commissioner are, con-
cerned, is not subordinate to the Com
missioner of Agriculture anu Labor
(6). Where one chooses his forum
in which his rights shall be determ'
ined or adjudicated he cannot COM
| plain of lack Of jurisdiction:
O.. The police power OF the state
is not limited to regulations necessary
| for the preservation of good order, or
the public health or safety The pre-
vention of fraud and deceit, cheating
and imposition and unfair competi'
ton are equally within its province.
NS). The fact that Chapter l0o OF
the Laws of 1907. which provides for
the revocation Of the licenses of the
owners ofscream stations by the Dairy
| Commissioner on evidence that sta
tutes of the state have been violated,
is not unconstitutional, and does not
deprive the owners of due process Of
! law for the reason that no appeal to
the order of the Dairy Commissioner
is provided for by the statute, 1T being
clear that mandamus will lie to re
dress any wrong which is suffered
through anw yarbitrary tyrannical, or
unreasonable action on the part of the
officer, or which is based on false
information.
Co., The writ of certierari is not a
writ or right but will be granted or
denied in the discretion Of the court
and according to the circumstances OF
each particular case as justice may
require. .'
10). The writ of certiorari whicA
is provided for in Section S445 of the
! Compiled Laws Of 1913 can only be
| sed when inferior courts officers,
boards. or tribunals have exceeded
their jurisdiction and there is no ap.
peal, nor, in the Judgment o. the court,
any other plain, speedy and adequate
remedy. 1t cannot be used for the
purpose of reviewing the merits Of a
I case and of weighing evidence.
1D. A pjerson who obtains Ii
cense under law and seeks for
! time to enjoy the benefits. thereof, ca:
! not afterwards and when the license
is sought to be revoked question the
,constitutionality of the act.
| Certiorari to review the action o.
the district court in reyoking cream
cry license.
| Appeal from the district court OF
Burleigh county; Hon. W., L. rNuessle.
| Judge.
Judgment for respondents.
Petitioner appeals
Affirmed
! Opinion of the court by. Bruce, Oh. j.
Christianson and Robinson, JJ., dis
senting
r. E. McCurdy, Bismarck attorney
for petitioner and appellant.
William LangeG attorney general
and Edward B. Cox. assistant after,
pey general, attorneys for respond
ents.
|. a. ! IL