The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-04-10
Writ of Mandamus Granted,
Ordering State Auditing
Board to Pay Salary to Sec.
retary of State Industrial
Commission

Affirming the decision of Judge
Fred Jansonius in Burleigh county
district court, the state supreme
court yesterday ruled that John
Gammons, industrial commission
secretary, is entitled to his pay and
upheld the writ of mandamus COM
pelling the state auditing board to
pay him.
The unanimous decision of the
court brings to an end the argument
over whether or not Gammons
should be paid, which started last
summer when Governor A. q. Sor-
lie, member Of the auditing board,
disallowed warrant for that pur-
pose. The board also contended
that there was no fund available
with which to pay Gammons, mas
much as the governor had vetoed
the provision of an appropriation
bill passed by the 1927 legislature
which covered salary of the indus
trial commission secretary.
Practical Construction Considered
"In constituting a statute of doubt
full meaning the courts will give
weight to the practical construction
placed thereon by those charged
with the duty Of executing and ap-
plying it." the supreme court ruled.
This rule is especially applicable
when the construction has long pre-
vailed, and the practical construc-
tion of the officer or department
has received the implied approval
of the legislature.
"A general repeal clause purport-
ing to repeal all acts or parts Of
acts in conflict with the act con-
tanning such provision. in legal eff
feet, adds nothing to the repeating
force Of the statute of which it is
a part, and operates merely to re-
peal those acts on the same sub
jcct, or parts of such acts, as are
clearly in conflict with the new act
and then only to the extent Of the
conflicting provisions.
"In this case it is held that the
appropriation made in the act Great
ing the industrial commission OF
North Dakota (Chapter 141, Laws
1919) did not lapse at the expiration
of the biennium, but was intended
by the legislature to be a continu-
ing appropriation, available for the
use of the industrial commission in
carrying out the purposes of the ACT
until the appropriation had beer
fully expended or repealed, and
that such appropriation was not re-
pealcd by general repeal clauses II
the general appropriation bills o1
1921 and 1928.
Meaning of Associated Words
"In determining the meaning Of 9
particular term in statute refer
ence will be had to the meaning o1
the words with which it is as
sociated.
"In this construction of a partic
ular statute or any Of it's provi
sions, all acts relating to the sam
subject or having the same genera
purpose will be read in connectio,
with it. This rule applies. wit
peculiar force to statutes passed q
the same session Of the Legislature
| "The requirement Of section
| chapter ISL. laws 1919. that q
orders, rules, regulations, bylaw
and written contracts adopted Q
authorized by the industrial CON
mission shall, before becoming e1
fectiye, be approved by the COY
ernor as chairman and shall not b
in force unless approved and signe
by him. does not indicate : legii
! lative intention to impose upon th
governor the duty Of personally u
proving al bills FOR administratiy
expenses Of the commission, or {
confer upon him the absolute powe
to disallow such bills"