BAR BRIEFS PUBLISHED MONTHLY AT BISMARCK -By STATE BAR ASSOCIATION Application for entry as Second Class Matter at the Postoffice at Vol. 1 Bismarck, N. D., Pending FEBRUARY 1925 No. 3 WASHINGTON Modest to the point of diffidence, and pleasingly sincere in his humility, he was nevertheless quick to recognize that among the objects of civil government that of promoting the happiness of the race stood out as one of the greatest. He was, therefore, never hesitant about laying aside personal considerations in order to accept appointments of responsibility, and, in that way, becoming the humble instrument for promoting that welfare and happiness. Truth, the Divine attribute, was, to him, the foundation of every virtue. It dictated his every endeavor and regulated his conduct through life. Endowed with intellect and power, he used both to the advancement of the interests of the country he loved. Fervency and zeal ever distinguished him from the common run of men. Assailed by misfortune, disease, and some of the greatest trials and temptations, his fortitude was supreme, enabling him ever to "carry on." And his fidelity to the principles of liberty, justice and equality was as firm and steadfast as the foundations upon which this, Our America, was erected. "When Freedom first her glorious day had won, -Seck. By C. L. Young Bowman County et al, Plaintiffs and Respondents, vs. Wm. A. McIntyre and the State Bonding Fund, Defendants and Appellants. The district court overruled a demurrer to the complaint alleging that the official bond of the defendant McIntyre, as treasurer of the plaintiff company, was issued by the State Bonding Fund, under Chapter 158, Laws of 1919; that a certain bank was designated and qualified as a depository of county funds to the extent of $5,000.00; that between May 2nd, 1921, and April 13, 1923, the treasurer deposited an excessive amount of county funds in such bank, contrary to Chapter 56, Laws of 1921; that on April 13th, 1923, the bank closed; that on July 24, 1923, the board of county commissioners of plaintiff county discovered that excess deposits had been made, and on August 7th, 1923, the plaintiff county presented its claim to the commissioner of insurance. HELD: (1) Sections 7 and 8 of Chapter 158, Laws of 1919, providing that a claim against the State Bonding Fund shall be filed not later than sixty days after the discovery of a wrongful act on the part of any public employee for which the State Bonding Fund is, or may become, liable, are mandatory and create a condition precedent to claimant's right of recovery. (2) The deposits by a county treasurer of county funds in a depository bank in excess of the amount of depository bonds of such bank, contrary to the provisions of Chapter 56, Laws of 1921, constitutes a breach of duty on the part of the treasurer, and a breach of condition of his official bond issued by the State Bonding Fund under the provisions of Chapter 158, Laws of 1919. State, Plaintiff and Respondent, vs. First State Bank of Jud, et al, Defendants and Appellants: The attorney general instituted an action under Chapter 137, Laws of 1923, to liquidate the affairs of the Mohall State Bank, its affairs being in the hands of one McIntosh, appointed receiver in an action theretofore commenced in district court under a former statute. The answer of the receiver sets up the unconstitutionality of said Chapter 137. This is the only question considered. HELD: (1) Under the constitution of this state all governmental power is vested in the legislature, except such as is granted to the other departments of government, or expressly withheld from the legislature by constitutional restrictions. (2) The only test of the validity of an act regularly passed by the legislature is whether it violates any of the express or implied restrictions of the state or Federal constitutions. (3) If the end be legitimate, all appropriate means plainly adapted to that end and which are not prohibited may constitutionally be employed to carry it into effect. (4) Chapter 137 of the Laws of 1923 is constitutional. County of Burleigh, Plaintiff and Appellant, vs. Standard Oil Com pany of Indiana and International Harvester Company (two cases), Defendants and Respondents. Following proceedings upon an order to show cause issued by the Board of County Commissioners of Burleigh County, the value of the so-called corporate excess of the corporations was placed on the tax rolls and equalized by the board for the year 1918, and subsequent years. On appeal to the district court judgment was entered declaring the assessments made illegal and void, and directing their discharge and cancellation of record. HELD: Section 2110 of the Compiled Laws of North 'Dakota for 1913, as amended by Chapter 221 of the Laws of 1919, Chapter 110 of the Laws of 1921, and Chapter 305 of the Laws of 1923, provides for the taxation of the corporate excess of domestic corporations or the value of the corporate stock over and above the value of the real and personal property, and does not apply to foreign corporations. City of Dickinson, Plaintiff and Appellant, vs. Dakota National Bank et al, Defendants and Respondents. A demurrer to a complaint on a depository bond given to the plaintiff by the defendant bank on February 28, 1916, was sustained. HELD: (1) Section 7 of Chapter 147, of the Session Laws of 1919, which required the deposit of public funds in the Bank of North Dakota, and prohibited, under penalty, their deposit elsewhere, terminated the liability of sureties on depositary bonds previously executed as to deposits subsequently made contrary to its provisions. (2) In an action against the sureties on a depositary bond given prior to the taking effect of such act, a complaint which fails to allege a breach of the obligation, that is a failure to pay over deposits made prior to the termination of the depositary relationship, is demurrable. LEGISLATIVE By the time this issue of Bar Briefs is distributed all legislative proposals sponsored by the State Bar Association of North Dakota will have been presented to the Legislative Assembly in the form of printed bills. The Legislative Committee has confined its efforts to the presentation of the proposals of the Probate Code Revision Committee. Following the meeting of the Legislative Committee at Bismarck on the 2nd of February, Hon. J. F. T. O'Connor of Grand Forks presented and explained these proposals to the Committee of the State Legislature having them in charge. The matters presented to the Annual Meeting by the Criminal Law Section were up for further consideration at the conference of State's Attorneys called by the Attorney General, and were subsequently presented to the Legislature. Hon. A. G. Burr, Judge of the District Court in the Second District, has in hand the matter of presenting the proposal for the establishment of a Judicial Council, and Hon. Sveinbjorn Johnson, Judge of the Supreme Court, is handling the Re-Compilation Bill. Individual attorneys have introduced measures of various kinds, seeking to amend the Attorneys' License and Bar Board Acts, none of which, however, had the endorsement of the Annual Meeting of the Association. The members of the Association will be interested in knowing that the House of Representatives passed a bill transferring $10,000 from the State Bar Fund to the General Fund of the State; and that the appropriation bill, calling for an appropriation for the Supreme Court Library of $6,000 was amended so as to provide that this sum, also, should be taken from the State Bar Fund. COMPILATION OF N. D. SUPPLEMENT In addition to having the careful consideration of the Executive Committee of the Association, this matter' had the benefit of the best judgment of an exceptionally strong special committee, chairmanned by Hon. Sveinbjorn Johnson, Judge of the Supreme Court. It was recognized that there was presented a distinct opportunity for service to the State by the Association, and the original plan, which also met with the approval of individual attorneys who stand high in the profession, was to have the work placed under the direct supervision of the Supreme Court, the actual work to be parcelled out to a number of attorneys throughout the State. Costs of publication figures ran so high, however, that the plan had to give way, and the final result was the introduction of House Bill No. 131, which provides for the publication of a supplement to the Compiled Laws of 1913 by the Lawyers Co-operative Publishing Company, at a cost to the State of $6,000, private copies to sell at $14.00. In this connection attention is called at this time to possible errors and omissions heretofore discovered by individual attorneys in the context, citations or indexes of previous publications, and the request is made that the same be called to the attention of the Chairman of the Committee, Hon. Sveinbjorn Johnson, to the end that the same may be corrected in the new publication. PRINTING AND SUPPLIES One of the most active committees of the Association is that headed by J. P. Conmy of Fargo and which has in charge the matter of legal printing and supplies. By this time, doubtless, every attorney in the State has received from this committee the circular letter, samples and order forms. Just kindly remember that the committee has already put in considerable time and effort for you, but in order to reap the full benefit of the work of that committee it will be necessary for you to exhibit some degree of promptness, in return. Expressions from some members of the Association indicate that there are a number who do not favor such "pooled" purchases. It is suggested to those of that opinion that they return the order blank to the Chairman of the Committee, with the notation that they will require no such supplies during the year. FACTS TO BEAR IN MIND What is termed "extreme radicalism" has in the United States today 70 papers printed in English, and 200 printed in foreign languages. In addition to that there are 269 such papers imported regularly from foreign countries and circulated in the United States. CITIZENSHIP AND AMERICANIZATION COMMITTEE The following is quoted from the 1924 report of the State Bar Association Committee on Citizenship and Americanization, of which Hon. John Knauf, of Jamestown, is Chairman: "Your Committee, with other members of the Bar, have been the leaders in over 4000 patriotic celebrations, generally speaking, always planning the celebrations. That they have spoken at some forty county teachers' institutes, reaching some 4482 teachers, holding our youth in one-room district schools, with inspiration and comely methods of carrying home the strength and beauty of our institutions to over 169,300 pupils, and aiding and assisting 730 town and city school teachers in the patriotic work they have to do. "Your Committee, and other members of the Bar, have been responsible for, or the inspiration of, over 4400 district school and rural consolidated school celebrations in the State, reaching some over 160,000 of our students of school age and their parents-onethird of our entire state population within one year. These celebrations, partaking of patriotic song services, declamations, essays, letters, orations and pageants. We believe the work has been worth while, that the youthful mind of this State has been more fully developed in and for the cause of good government." EDITORIAL ENGLISH "Submission of the question would be clearly a recommendation to the voters that they should adopt it, for Legislatures do not submit, nor are they justified in submitting, issues the members of which do not themselves regard as just and sound."-Forum, Feb. 11. |