The Bottineau courant. (Bottineau, Bottineau County, N.D.) 1895-1929, 1920-01-08
COURT APPROVES
PROGRAM LAWS
HOLDS PEOPLE OF STATE HAVE
RIGHT TO ESTABLISH AND
OPERATE INDUSTRIES


people of this state have the privilege
and right to do anything that may
seem best calculated to insure their
general welfare, subject, of course, to
every limitation imposed upon them
by the constr tuition of the United
States, the State Supreme court on
Friday last, upheld the industrial pro-
gram and bond issue in a suit brought
by five Burleigh county taxpayers,
who desired to have the issue tested
in the state courts.
The action brought is an exact du-
plicate of that instituted by the AZ
tax payers in the U. S. Courts, which
was brought by the enemies of the
farmers movement. 1t has a different
purpose, for the Burleigh county suit
is calculated to clear up any doubtful
matter, while the suit of the AZ if for
the purpose of delay and has now
reached the Supreme Court.
The decision of the court stood to
/. Chief Justice Christianson alone dis
sented. He based his dissent upon his
earlier opinion-that the constitution
al amendments under which the laws
were enacted were not legally and con-
stitutionally adopted by the people.
Alleged Property COnfiscation
The Burleigh county taxpayers
asked court decision on the consti-
tutionality of the industrial laws, the
validity of the bond issues and the le-
gality of the constitutional amendment
under which the industrial laws were
enacted. They alleged that private
property was being confiscated thru
taxes for the establishment of private
business of the state.
Action was first brough in the Cass
county district court by Attorney
Harry Lashkowitz of Fargo with Will
liam Lemke and S. A. Pike appearing
for Governor Frazier and Commission
er John N. Hagen, the majority of the
industrial commission. A change OF
venue was taken to the Burleigh
county district court where Attorneys
Len'ke and Pike entered demurrer.
Judge Nuessle granted the demurrer
for the purpose of getting the matter
before the supreme court.
The Ten Points of Issue
Judge Grace, who wrote the major
ity opinion, divided the issues into ten
points:
IA proposed amendment to the
state constitution submitted to the
people and receiving majority vote,
and complying with other require
mcnts, becomes a part of the consti-
tuition;
2-The amendments under question
are part of the constitution;
| 3-The people of the state have a
right to adopt such amendments as
may seem right and proper and best
calculated to insure their general well
fare, security and prosperity, subject,
however, to every limitation and re-
straint imposed by the constitution of
! the United States;
4-Ho'ds that none of the amend
ments to the state constitution lin
question: contravene the constitution
of the United States;
! C-IJcliHCo q pIINdCC puoAhSoo'
6-Defines public purpose or busi-
ness;
7-Holds the building, owning and
operating of state industries to public
business, under the meaning Of the
definition in No.6.
8-Holds that building, owning and
operating such public industries does
not confiscate private property thru
taxation;
9-Holds that the industrial COM
mission has not been delegated leg's-
lative powers, as claimed, but merely
has administrative powers;
10-Holds that the laws and constl-
tutional amendments - commonly
known as the industrial program.
promote home ownership, which in
turn promote the integrity, morality,
intellieence, prosperity and perran-
ence of the people of the. state. becsnse
the state is composed Of family unit