Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1921-05-05
JUSTICES DIFFER
REGARDING END OF
WAR With GERMANY
Question Involved III Case Be.
fore North Dakota Su-
preme Court Ex-Service
Man Seeks Relief From
Sheriff's Deed Under Nor.
atorium Act.

Bismarck, N. D., (SpeciaD D--May
Justice Of the state supreme court
differ in their answer to the ques-
ton: "When did the war with Ger
many end?"
The question, involving the state
moratorium act, was brought before
the court in the case Of Herman OIL
son against the Gowan Lenning
Brown company, in which the plain
tiff, a soldier in the World War,
sought to set aside sheriff's deed
by virtue Of protection of the state
and federal moratorium acts. The
defendant appealed from a decision
of Judge Cole in overruling a demur-
rer in the case, which came up from
Eddy county. The district Judge is
reversed and the defendants posi-
tion upheld.
The supreme court justices agree
that the federal moratorium act is
not applicable, since the action,
which was begun in October, 1920,
was started at too late a date. Re-
garding the end Of the war Justice
Bronson, in his syllabus, says:
''That, upon construction, the pro-
visions of the State Moratorium Act
(Ch. 10 Spec. Sess. Laws 1919
granting privileges to a soldier dur
ing the time the United States is en-
gagged in war and for an additional
period of one year, refers, pursu-
ant to the purposes of the act to
the actual engagement of the United
States in the war and that such en-
ryor TOW s,,ot To- A,,,,, ie.fi inn
Day, Nov. IL, 1918"
Justice Birdzell concurs but JUS
tice. Robinson says: II have former
ly held, and do still hold, that the
State Moratorium act is void for the
reason that it impairs the obligation
of contracts, and for the reason that
the subject is governed by an Act of
Congress, which supersedes and ey-
cludes any legislation on the part Of
the state"
Justice Christianson, cQncurring
specially. says that the term used by
the legislature During the time the
United States is engaged in the pres
ent war;" is not clear
"Manifestly, the time the United
States is engaged in the present
war would terminate upon the hap
pening of one of two events; namely,
the signing of the armistice and the
cessation of actual warfare, or the
ratification of the treaty of peace, or
a declaration of a state of peace by
the federal government" says JUS
tice Chrisianson. (Which one Of
these two events did the Lawmakers
intend should constitute the termin-
alton Of the period defined in the
Act as 3'the time the Un-
tied States is engaged in the pres
ent war"
Pursuing the intent of the legis-
lature Justice Christianson recites
the act passed by the legislature last
winter designed to place limit on
the Moratorium Act. In one section,
he said, the statute declares the war
is terminated and in another section
It declares the war terminated Nov.
II, 1921. The act was changed dur
ing passage, causing the conflicting
statements in it. Justice Christian
son concludes that the position Of,
Justice Bronson is the most logical
solution OF the matter Of intent OF
the law makers. I. \.
Justice Grace concurred in the re-
suit but criticized the compl Amt for
lack of definite ness. s.;ss h