The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1921-08-01
BUILDERS LAW
WAS VIOLATED
COURT RULING
Says House in City Costing
More Than $4,000 Can Not
Be Built Under Law
DENIES INJUN TION
Holds That BrintOn in Keeping
Silent Deprived Self of Right
To Ask Order

To Ask Order
The Industrial Commission violated
thte law of North Dakota when it
permitted the Home Builders associa.
ton to lend state aid to the building
Of a house costing more than $4,000 in
city or $4,000 in the country, ac-
cording to the view expressed by
District Judge w. l.. Nuessle, in the
suit of ]. w. BrintOn, as a taxpayer
to restrain the Home Builders from
continuing work on the house of At
4torney-General William Lemke in Far
60 which Brint0n alleged cost
$4,000,
The Industrial Commission ought to
in any manner in the future, Judge
Nuessle further declared.
The method pursued by the state, he
said, might prevent the state lending
its aid to building of house for some
renter whom the law was intended
to benefit.
Denies Injunction
The action before Judge Nuessle
was more or less informal. John F.
Sullivan, Of Mandan, appeared as
counsel for the plaintiff while all of
William Lemke's assistant attorney
generals, w. A. Anderson, Geo. X.
ent for the defense. The situation
when the hearing adjourned was
this:
Judge Nuessle over-ruled the de-
murrer OF the defendants and held
Brinton had sufficient cause of ac-
tion.
He said he would not grant tenn
porary restraining order in the case
OF Lemke's house because Brinton
had sit silent while the house was
being built. Assistant attorney-general
Foster informed him the house was
completed and Mr.. Lemke was living
in it.
That the persons who have had
houses built in violation OF the law,
and which have cost more than they
expected they would cost, are stuck
for the whole cost.
The defendants were given 30 days
in which to answer the complaint af-
ter which the. case will be argued on
its merits andsan. order issued. = @
View OF Law
Judge Nuessle declared with posi-
.stiveness that 1t was his view Of the
law that the legislature contemplated
that it would help the man Of small
means get a home and that the leg
islature placed the limit of $4,000 on
the cost Of q city home because OF
this.
Judge Nuessle declared that the
mere fact that the industrial COM
mission has seen fit to cOnstrue the
law ought not to make any difference
) when the wording of the statute is so
plain." The statute Is mandatory. he
declared that however high places the
members of the Industrial Commits
sion hold it is but an agent of the
state ard did not have power to over
, ride the plain intent of the law by
its construction of the law.
When the case came up before the
court, George X. Foster, assistant al
torney-general, interposed demurr-
er holding Brinton did not have a
special interest in the matter.
Mr.. Sullivan, speaking for the plain
tiffs position declared that he believ-
ed the legislature in enacting the
Home Builders law did not have in
mind people who wanted to build
homes costing 10000, $4,000 or
$40 1000 but he believed it had in mind
the persons of small means, and that
was the reason the limit OF the cost
of house was fixed. He pointed
further that the legislature dlstlngu
ished between the cost OF city nome
and a farm home as supporting his
nosttion that the legislature had IN
mind limiting the cost
"This act should not be construed
so that the Industrial Commission can
loan $4,000 to men building homes
costing s25,OOO," he said.
Must Pay for Houses
One of the matters brought out In
1udee Nuessle's discussion of the
case, which he said was partly Tor the
nurpose of informing attorneys or MS
nosition on matters involved tnough
nerhaps not at issue just now, was
with reference to homes other tnan
Lemke's. .,:o,
Judee Nuessle declared his belief
that although the Industrial Commls-
sion violated the law in making the
contracts for houses costing more thaI
s5 900 the persons for whom the houses
we're built must pay the cost OF them al
contracted. Reports ne SAID were
that the home builders had been con
Quoted inefficiently and the houses
would cost more than contemplated
II the persons for whom they wert
built could escape payment the stalt
would be left with over-expens'V'
houses on its hands he held
Commission View
The Home Builders Association tool
the Interpretation of the law that tn
state could give aid to home build
ar tn huild a house but that the ali
for a farm home must not excee'
$4,000 or city home $4,000. The ia'
which provided that city nous
should not cost more than $5,ooo or
farm home more than $4,000 provid
ed that the state should not pay NOR
than $4,000 or $4,000 respectively Q
the cost. Because of the expense
building, the commission ruled Una
the state might invest $4,000, for .s ea
ample, in city home and the Dulio
er furnish the balance.