FACTS WORTH NOTING A gift of $15,000,000, recently made by George Eastman, makes a total of $40,000,000 contributed by him towards education, charity and institutions established for some sort of public service. His comment, at the time of the last gift, was: "I am now upward of seventy years old and I feel that I would like to see results from this money, within my remaining years." Mr. Eastman's life is representative of many in this country. He began work as an office boy, at the age of fourteen, (please note), to assist in supporting his widowed mother. His first wages were $3 a week. At twenty he secured a position in a bank, and at twenty-five he started in business for himself as a manufacturer of dry plates for cameras. Today his business is worth $90,000,000 to $100,000,000, and is known as the Eastman Kodak Company. For years the world knew little or nothing of his benefactions, which included donations to Tuskegee and Hampton for the education of negroes, the Massachusetts Institute of Technology, Rochester University, Stevens Institute and Mechanics' Institute for Industrial Education, the General Hospital, Homeopathic and Hanehann Hospitals of Rochester, New York, the Friendly Home for Children and the Shelter of Children Society, the New York State and Municipal Bureau of Research, the Red Cross, War Relief, War Chest and many other organizations. In the meantime, Mr. Eastman also made possible the owning of abcut one-half of the Eastman Company stock by the employees, the plans for that being his own. Following the plan of Lincoln, quoted last month, he gradually accumulated, through his initiative, industry and thrift, a considerable fortune, part of which he again contributed in the furtherance of the public interest, supplying educational and other advantages to thousands who might not, otherwise, been able to obtain them. 1925 ANNUAL MEETING BAR BRIEFS PUBLISHED MONTHLY AT BISMARCK -By STATE BAR ASSOCIATION Entered as Second Class Matter Jan. 15, 1925, at the Postoffice at Vol. 1 APRIL 1925 No. 5 LIBERTY OR TYRANNY "The Constitution is not self-perpetuating. If it is to survive, it will be because it has public support. Such support is not a passive but an active operation. It means making adequate sacrifice to maintain what is of general bene fit. "The Constitution of the United States is the final refuge of every right that is enjoyed by any American citizen. So long as it is observed, those rights will be secure. Whenever it falls into disrespect or disrepute, the end of orderly government, as we have known it for more than one hundred and twenty-five years, will be at hand. "The Constitution represents a government of law. There is only one other authority and that is a government of force. Americans must make their choice between these two. One signifies justice and liberty; the other, tyranny and oppres sion. "To live under the American Constitution is the greatest privilege that was ever accorded to the human race."-President Coolidge's foreword to special edition of "The Constitution of the U. S." by James M. Beck. REVIEW OF IMPORTANT DECISIONS By C. L. YOUNG Farmers State Bank of Richardton v. Brown, as Sheriff, et al. The president of a failing corporation, in sole charge of corporate affairs, executed a chattel mortgage on corporate property without affixing the corporate seal, to secure a pre-existing debt evidenced by notes renewed from time to time. The sheriff levied on the same property under an execution after the failure of the corporation to file its annual report with the secretary of state, and after a certificate of cancellation of its charter had been made by the secretary of state. This certificate was offered in evidence in defense of the levy. HELD: That the chattel mortgage was executed by an officer having proper authority, and that it was valid, though the corporate seal was not attached, and though it constituted a preference. Held further that the burden of establishing the non-existence of the corporation was on the defendant, and that the ex parte certificate of the secretary of state as to the cancellation of the corporate charter is not competent evidence of the facts therein stated. Whether cancellation of a corporation charter for failure to file an annual report terminates the corporate existence without a judicial proceeding is not decided. Brown, vs. Leeak, et al. There was involved an issue of fact as to whether an existing incumbrance was assumed by the grantee under a conveyance and it was HELD: A contract by which a grantee assumes the payment of existing incumbrances is distinct from the conveyance, and may be embodied in the deed, or in another instrument, or may rest in parol. It may appear without a formal promise or be implied from all the facts. When equities are exchanged subject to existing mortgages no presumption arises that the grantee agrees to pay the debt. A promise subsequent to the transfer must be supported by a new consideration. Fyten v. Cummins et al. The purchaser under a land contract while in possession became indebted to the seller in a considerable amount and committed various breaches of the contract and thereafter abandoned it and relinquished possession of the land. The contract did not contain the usual forfeiture clause fixing the amount of payments made as liquidated damages. In an action brought by the vendor, who had resumed possession of the land sold, to have the contract cancelled as a cloud upon the title, HELD: Where a contract for the sale of land contains no provision purporting to fix as liquidated damages the amount of payments made or owing upon a purchase contract at the time of cancellation for breach, and where there is no finding of the value of the purchaser's equity at the time of cancellation, the findings will not support a personal judgment for the amount owing, in addition to a judgment quieting title. Golden Valley County v. Lundin et al. A bank was designated as a depositary by the county and a depositary bond for $1,000.00 was given and filed in the office of the county auditor and accepted, under Chapter 56, Laws of 1921. A new designation of the same depositary was made by the county commissioners in July, 1923. The bank remained a depositary until February, 1924, when it failed. A large amount was then on deposit and this action was brought on the depositary bond. In defense it was claimed that Chapter 56, Laws of 1921 was repealed by Chapter 199, Laws of 1923. HELD: A clause in a statute purporting to repeal other statutes is not in all cases conclusive evidence of the legislative intention. The statute must be construed as a whole and the legislative intent given effect, though contrary to the terms of the repeal clause. Where a repealing statute contains provisions identical, or practically so, with some provisions of the statute declared to be repealed, such provisions remain in force without interruption. The judgment against the sureties was upheld. EMERGENCY LEGISLATION Laws passed by the 1925 Legislature as Emergency Measures. All are now in effect. HOUSE BILLS 24. Appropriation $28,000.00 to cover deficit of State Training School at Mandan. 26. Appropriation $30,000.00 to cover deficit in Wolf Bounty Fund. 42. Appropriation $16,200.00 to pay loan made to Dickinson Normal School. 47. Appropriation $75,000.00 from State Highway Fund for construction of Red River Bridge at Fargo. 55. Appropriation $200,000.00 from State Highway Fund for construction of Missouri River Bridge at Williston. 57. Appropriation $100,000.00 from State Highway Fund for construction of Missouri River Bridge at Sanish. 61. Authorizes reduced rate of interest 6%-upon redemption of real estate sold to the county of 1923 or any prior year and still held by the county, if said redemption is made on or before Nov. 1st, 1925. 63. Relieves assessors from duty of making military enrollment. 65. Declaration of dividends and creation of indebtedness by directors of corporations and increasing or diminishing of the Capital Stock and issuing of bonds by corporations. 69. Foreclosure of mortgages by agent or attorney and legalizing and validating prior sales where power of attorney has been filed for record at or prior to the time of sale. 84. Empowering Board of Railroad Commissioners to permit common carriers to charge special freight rates within the state and fix classifications, rules and regulations accordingly. 86. State Hail Insurance. 89. Tuberculin test and eradication of Bovine Tuberculosis in Townships by petitions. 90. Appropriation $40,000 for water works system at Hospital for Insane. 94. N. D. Mill & Elevator Association. 96. Abstractors Board of Examiners-licensing, bonding of abstractors. 108. Collection of County seed and feed accounts. 111. Preliminary examination and change of venue, County Court, Inc., 127. J. Right of eminent Domain of State Institutions. 131. Compilation, Session Laws of 1915, 1917, 1919, 1921, 1923 and two Special Sessions. 149. Board of Accountancy. 155. Auto Transportation. 166. Establishing State Mill and Elevator at Grand Forks, a public terminal elevator. 194. Requiring motor vehicles owned by state to carry name of departments, institution or industry on each side. 212. Regulating sale of frogs and establishing closed season for same. 216. Bonds of N. D. Real Estate Series. 239. Public dances and dancing places. 246. Sunday Dances. 271. Warehouse receipts of public terminal elevators. 275. Wolf and Magpie Bounty. 286. Opposing increase in lignite freight rates. 287. Sow Thistle eradication. AMERICAN ACADEMY OF POLITICAL AND SOCIAL SCIENCE The 29th annual meeting of this Society is scheduled for May 15th and 16th at Philadelphia, at which time there will be under discussion the subject of "American Policy and International Security." The request has been made that the State Bar Association of North Dakota appoint three delegates to take part in the deliberations on that general topic, to which six special sessions will be devoted for the consideration of the following specific points: 1. The Operation of the Dawes Plan. 2. War Debts as a Menace to International Peace; 3. The Possibilities of Disarmanent; 4. Foreign Investments and International Peace; |