State ex rel. Standish v. Nomland
North Dakota Supreme Court
Appeal from District Court, Burleigh County; Winchester, J. Action by the State of North Dakota, at the relation of William H. Standish, attorney general, against Knud J. Nomland, state treasurer, for mandamus. There was judgment for plaintiff, and defendant appeals. This enactment is in violation of § 6, Art. 11 of-the constitution of the state in that it embraces more than one subject.- The leading features of the act are neither expressed nor referred to in the title.
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Appeal from District Court, Burleigh County; Winchester, J. Action by the State of North Dakota, at the relation of William H. Standish, attorney general, against Knud J. Nomland, state treasurer, for mandamus. There was judgment for plaintiff, and defendant appeals. This enactment is in violation of § 6, Art. 11 of-the constitution of the state in that it embraces more than one subject.- The leading features of the act are neither expressed nor referred to in the title. The purpose of the provisions .of § 61 Const, was, ■first, to prevent “hodge podge” or “log rolling” legislation; second,…
1Opinion of the CourtBartholomew, C. J.
Chapter 48 of the Session Laws of 1893 is entitled “An act creating the office of the state board of auditors and prescribing the duties thereof.” The first section constitutes the secretary of state, the state auditor, and the attorney general such state board of auditors, and directs that as such board they shall examine the books and vouchers of the state treasurer, and ascertain the kind and amount of funds in the treasury, at leasf twice in each year, and make report of their doings in the premises to the governor; and they shall also witness *429and attest the transfer of books, property,…
2Cases cited12 opinions
- State ex rel. Goodsill v. WoodmanseeNorth Dakota Supreme Court · 1890
- Grubbs v. StateIndiana Supreme Court · 1865
- Astor v. Arcade Railway Co.New York Court of Appeals · 1889
- State ex rel. Rice v. SmithSupreme Court of Minnesota · 1886
- State ex rel. Stuart v. KinsellaSupreme Court of Minnesota · 1869
7 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Erickson v. Cass CountyNorth Dakota Supreme Court · 1903
- Johnson v. Grady CountySupreme Court of Oklahoma · 1915
- State ex rel. Erickson v. BurrNorth Dakota Supreme Court · 1907
- State ex rel. Kol v. North Dakota Children's Home SocietyNorth Dakota Supreme Court · 1901
- Powers Elevator Co. v. PottnerNorth Dakota Supreme Court · 1907
17 more not listed; retrieve them via the Exa API.