Emmons County record. [volume] (Williamsport, D.T. [i.e. N.D.]) 1884-current, 1921-08-04
BUILDERS LAW VIOLATED
IS COURT RULING
COURT RULES HOME
ING MORE THAN $1,000 BUILT. NUEssLE
DENIES INJUNCTION. FREEZE OUT


Says Brinton Deprived Self Of Right
to Ask Restraining Order BY
Keeping Silent. Owners Must
Pay For Houses, Belief.
The Industrial Commission violated
the law Of North Dakota when it per-
mitted the Home Builders associa-
tion to lend state aid to the building
of house costing more than $4,000
in a city or $4,000 in the country,
according to the view expressed by
District Judge w. L. Nuessle, in the
suit of j. w. Brinton, as taxpayer,
to restrain the Home Builders from
continuing work on the house Of At
torney General William Lemke in
Fargo, which Brinton alleged cost
$25,000.
The Industrial Commission ought
to be restrained from violating the.
law in any manner in. the future,
Judge Nuessle further declared.
The method pursued by the state,
he said, might prevent the state lend
ing its aid to building of house for
some renter whom the law was in
tended to benefit.
Denies Injunction
The action before Judge Nuess1e
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. K.
Foster and Geo. Reimstad, were pres
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 action.
He said he would not grant tenn.
porary restraining order in the case
Of Eemke's house because Brintoni
had sat silent while the house was.
being built, assistant attorney-gener-
al Foster informed him the house was
completed and Mr.. Lemke was living
in it.
The defendants were given 80 days
in which to answer the complaint af-
ter which the case will be argued
on its merits and an order issued.
Might Hlrt Man of Snail Means
Judge Nuessle declared with posi-
tiveness that it 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 legis-
lature placed limit Of 5000 on the
cost of q city home because Of this.
Judge Nuessle declared that he
believed that the industrial commits
sion in violating the law as it had,
"might defeat the beneficent purpose
and intent Of this act. 4
This act was to help the poor
man, the renter, to get q home Of
his own. and ii seems to me that if
man can 60 to the state and get
$4,000 to build home that costs a
great deal more it may defeat some
man who wants 10 build the kind Of a
home the law contemplates. It is
self evident that q ,,an who can raise
$21 900 and get $4,000 from the state
could easily get the balance Of the
loan. !"
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 law is !. SO
plain. The statute is mandatory.
He declared that however high places
the members Of the industrial COM
mission hold il is but, an agent Of
the state, and did not have power
to override the plain intent of the
law by It's construction Of the law:
When the case came up before the
court George K. Foster, assistant at
torney-general, interposed a demurr-
er, holding Brinton did not have a
special interest in the matter.
Mr.. Sullivan, speaking for the
plaintiffs position, declared that he
believed the legislature in enacting
the Home Builders law did not have
in mind people who wanted to build
home costing $4,000 or $4,000 OF
$50, ,0eO, 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 point
ed further that the legislature dis
tinguished between the cost Of city
home and : farm home a supporting
his position that the legislature had
in mind limiting the cost. v q
This act should NOT Be construed
I 70 that the Industrial Commission can
loan $1,000 70 men building homes