The Bottineau courant. (Bottineau, Bottineau County, N.D.) 1895-1929, 1920-06-03
STATE INDUSTRY
UPHELD Zs....; ;s:'n1 a';.'.o |.
BANK OF NORTH DAKOTA, STAT,
BONDS, ETC. DECLARED
VALID BY COURT.

II. BONDS, ETC. DECLARED
VALID BY COURT.
Washington, June 1.-Seven of the
NEST important laws enacted by the
Nsapartisan League in North Dako
ia, all Of which gave" the state power
to enter private business fields, were
upAeld today by the supreme court.
Tie decision affirmed the North Dako-
to supreme court.
The decision allows the proposed
expenditures Of $500, 900 in state mon
ey and the issuance of $4,000, 900 in
bonds to carry out the acts. The
statutes involved were the industrial
commission, the Bank of North Da-
kote bond, the Bank of North Dako-
ia Real Estate Bond, and the Home
Building act.
-. Case Argued April 10
This case was argued before the
United States supreme court on April
10. Attorneys William Lemke Of Far
60 and F. A. Pike of Minneapolis ap-
peared for Governor Frazier and the
NoEth Dakota Industrial commission
in defense of the program laws. N.
c. Young of Fargo and Attorneys T.
R. Bangs and Charles Murphy of
Grand Forks appeared for the So
calaed ~ taxpayers who had brot
ssle against TIE state in hope Of
blsaking the farmers program.
Attorney General William LANCER
and his special assistant, Judge w.
S. Lauder of Wahpeton, were sup
pssed to represent the state, but the
ressrds show that their arguments
were virtually condemnation of the
laws in the guise Of faint praise.
He case had come before the U.
S. Supreme court in the form Of two
appeals, one from decision rendered
by Judge Charles F. Amidon in the
q. 3. district court for North Dako-
ia upholding the constitutionality of
the laws, and the other from SIM
Mar decision handed down by the su-
prene court of North Dakota. The
"42 taxpayers suit'' was started in
Judge Amidon's court. The suit in
the state court was instituted by four
Burleigh county taxpayers.
This latter suit was started before
Judge A. T. Cole in the Cass county
district court. A change Of venue
was taken to the Burleigh county
district court. Here the attorney
general attempted to delay the case
by drawn out procedure but a de-
n1urrer interposed by Attorney Lem
ke, who represented the industrial
commission, and joined in by Judge
S. L. Nuchols, was sustained by the
court. An appeal was then taken to
the state supreme court which tribun-
al upheld the constitutionaity of the
lava
Press dispatches from Washington
indicate that the United States su-
preme court refused to interfere in
he decision Of the state supreme
essrt, holding that this tribunal had
tAe final say in determining the con-
stitutionality of the Laws which made
possible the state industrial program.
ln arguing the case before the u.
q. supreme court one Of Langer's as
alstants meeringly said the Justices
Sught to see the North Dakota su-
preme court as now constituted. The
decision Of the court indicates that the
jnstices had more confidence in the N.
d tribunal than in Langer's assist
anA
Decision Not Unexpected
The decision Of the court was not
unexpected to local attorneys and
sttizens generally who had kept in
touch with the litigation. At the time
TIE case was argued the eminent
jurists on the supreme bench plain
y indicated their impatience at the
5actics pursued by the attorneys for
the taxpayers, the attorney general
md his assistants. That the decision
was handed down SO soon after the
arguments came as {: surprise, how
ever, even to the most optomistie OBJ
servers. Much satisfaction was ex-
pressed locally and over the state yes
tsrday over the victory for the pee
pls.
AAMODTISM
Arthur Whites sunflowers are ",
Keep your eye on them.
Eight tons Of silage can be stored
in the space occupied by one ton q
hay.
Hens should be culled every month
in the year. However, August and
2eptember are considered the best
s4sYrro s3-35 sSesk