The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-06-11
SUPREME COURT
From Stutsman County


John p. Seller, plaintiff and mp.
pellant, VS.. A. C. Cellar ct nj as
district school board Of Montpelier
school district, Stutsman county,
North Dakota, defendants and re-
spondents.
Syllabus: Chapter 1l3, s. l.. 1921,
relating to consolidated schools,
which provides that transportation
may be furnished either by the use
Of public conveyances or by allow.
ing each family as compensation"
. sum Of money dependent upon the
distance to be travelled and the mum.
Der Of children in the family, is not
violative of sections LAT, l48 and 149
Of the state constitution, "a do.
privin9 children or their guardians
Of any constitutional rights, merely
because the option whether transport
tation by public conveyance or COM
psnsation in lieu thereof shall be
Furnished, lies in the discretion OF
the school board or in the judgment
OF the people, through an election
pursuant to subsection 3, chapter
1l3, supra.
Appeal from the district court OF
Stutsman county, Hon. Fred Janson-
Jus, district judge.
Application to the district court
for writ Of mandamus. The apph-
cation was denied and the petition
dismissed. Order affirmed. Opinion
of the Court by Johnson, j. S. =.
Ellsworth, Jamestown, N. d.. attorney
for plaintiff and appellant, Carr 4
Rutgers, Jamestown, N. d., attorneys
for defendants and respondents.
From Ward County
Union National Bank Of MinOt, a
corporation, plaintiff and respondent.
VS.. F.. c. Lenton, H. NJ. Wilson, and
e. H. Ray, defendants, F. c. Lenton
and f. II. Ray, defendants and. APP
Syllabus: Following Thompson
Yards, Inc, v. Richardson N. d. 100
N. w. 863, it is held, under the facts
stated in the opinion. that the lien
Of a crop mortgage survives dis
charge in bankruptcy, where such
mortgage Is executed in the fall, COW
ering the next maturing crop.
Appeal from the district court of
Ward county, Hon. Jno. c. Lowe,
judge.
Affirmed. Opinion Of the court by
Birdzell, J. Halvor l.. Halvorson.
Minot, N. d., attorneys for appel
lants. Nest0s, Hcrigstad & STEM
ersen, and Il. H. Bradford, Of counsel,
Minot. N. d., attorneys for respond
eRt.
From Divide County
Z. w. Frazier, relatOr and re-
spondent, VS.. Carl Schultz ct al as
county commissioners Of Divide
county, North Dakota. respondents
and appellants. First & Security
State hank Of Crosby, a corporation,
ct al, respondents and appellants.
Syllabus: Divide county had
moneys on deposit in two hanks
which closed their doors on account
Of insolvency. A reorganization plan
was worked out whereby the two
banks were authorized to consolidate
and reopen as one bank, subject to
certain conditions imposed by the
state banking department and the
guaranty fund commission, one of
which was that all the dcpositors
should agree to leave their money on
deposit in the re0rganized bank for
certain stated periods Of time, run
ming from one to four years. The
county commissioners, after fair and
honest consideration, determined that
owing to the then condition Of the
two insolvent banks, as we'll as the
questionable financial responsibility
Of the securities on the depository
bonds, it would be for the best in
terests of the county to enter into
the proposed arrangement. They
thereupon entered into the proposed
agreement on the condition, however.
that the sureties on the depository
bonds become parties thereto.
Held that the county commi ssiOn
crs did not exceed their authority in
making such agreement.