The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-03-17
SUPREME COURT
From Burleirh County

From Burleigh County
City Of Bismarck, munici-
pal corporation.
Plaintiff and RESPONDENT:
Laura w. Hughes and w. A.
Hughes, - =
Defendants and Appellants.
SYLLABUS:
/. The enactment of police ..regu-
lations is legislative function, and
the courts cannot question the rea-
sonableness or policy of a.. statute,
and cannot interfere unless the sta
tute is clearly rcpugnant to some
constitutional guaranty.
2. Chapter 175 Of the laws Of
1923. granting to cities Of over 6;OOA
inhabitants, the power to regulate
and restrict the height, number of
stories, and size Of buildings, and
other structures, the percentage Of
lot that may be occupied, the size of
yards. courts, and other open spaces,
the density Of population, the loca-
ton and use Of buildings is a legiti-
mate exercise Of the police power.
and the same is not in conflict with
tho constitution of the State Of
North Dakota, nor the 14th amend
ment to the constitution Of the Unit
ed States.
3. In constituting the comprchen-
sive coming ordinance of the City
.,lsnarcA, duly passed under chap
ter It's Of the laws Of 1923. every
presumption is INDUCED in favor of
its validity and the question, in de-
err the court approves the ordinance
kIit M hnth ns ! NM ~ ~
unreasonable, arbitrary exercise Of
power.
4. The ordinance in the case at
bar, restricting size of buildings,
space and yards, in residence dis
tricts, is authorized by chapter IT'S,
session laws 1923. 1t operates equal
ly and alike upon all residents of
each district, is not unreasonable or
arbitrary and is clearly within the
power granted to the city by the leg
islaturc.
Appeal from the District Court Of
Hurlcigh County, Hon. Fred Janson-
JUS, Judge.
AFFIRMED.
Opinion Of the court by Burke, ].
Hirdzcll, j., did not participate:
Wolfe. Dist. J. sitting in his stead,
by request.
Newton. Dullam e. Young, Bis
mark. North Dakota, Attorneys for
Plaintiff.
w. l.. Smith, bismarck. North Da.
kota. Attorneys for Defendants.
Richardson, Green & Wattam, Far
60, North Dakota, Amici Curiae.
Original
In the Matter of the Application of
H. b. Blackey for a Writ of Ha-
beas Corpus for and in behalf Of
his minor son. Lawrence Blackey.
I. The District Court, acting un..
der the Juvenile Court Act, Chapter
20, Code OF Criminal Procedure, Com
piled Laws. 1913, has only such pow
err as is given to it by that statute.
2 The Juvenile Court Act which
provides, "that all dependent, neg
the age of Is years, shall for the
purpose Of this act be considered
wards of this state and their persons
shall be subject to the care, guard
ianship and control Of the courts as
hereinafter provided" clearly makes
delinquent, neglected and dependent
children wards Of the state and sub
jects them to the care, guardianship
and control of the juvenile court un-
ii! they are 1S years of age.
3. Juvenile court has no author
!ty in law, to revive a sentence to
the reform school that has been sus-
pended for nearly four years, and to
commit the delinquent child who is
now more than twenty years old to
the reform school. Such action is
without jurisdiction and void and
writ Of habeas corpus Will issue, but
without prejudice to the right of the
state to prosecute the defendant be-
fore a tribunal of competent juris-
diction, for any criminal offense with
which he may be charged.
Original application for issuance
of writ of Habeas Corpus.
WRIT GRANTED.
Opinion Of tho Court by Burke, J.
Nuessle, j., specially concurring.
Cuthbelt & Adamson, Devils Lake.
North Dakota, Attorneys for Petition
crs.
S. W. Thompson, Devils Lake,
North Dakota, Attorney for the State.
Air dissolvcs in water the same as
sugar does.
The finest jade is mined in Chinese
Trrk