State ex rel. Shaw v. Frazier
North Dakota Supreme Court
Application for a writ of prohibition to restrain further proceedings in the removal of public officers. Appeal from the District Court of Ward County, Honorable A. T. Gole, Special Judge.
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Application for a writ of prohibition to restrain further proceedings in the removal of public officers. Appeal from the District Court of Ward County, Honorable A. T. Gole, Special Judge. Statement of facts by Bruce, Ch. J. The petitioner, William Shaw, prays for a writ of prohibition which shall restrain the governor of the state of North Dakota from further proceedings in the suspension and removal of him, the said petitioner, from the office of president of the city commissioners of the city of Minot. The charges which are made against the defendant petitioner and on which his removal is…
1Opinion of the Court
Bruce, Ch. J.
(after stating the facts as above). The first question to be determined is whether §§ 685 to 695 of the Compiled Laws of 1913 are unconstitutional for the reason that they delegate to the governor judicial powers and are in violation of § 85 of the Constitution, which provides that “the judicial power of the state of North Dakota shall be vested in a supreme court, district courts, county courts, justices of the peace, and in such other courts as may be created by law for cities, incorporated towns and villages.”
We think they are not. In the first place not only do the statutes…
2Cases cited13 opinions
- Attorney General ex rel. Rich v. JochimMichigan Supreme Court · 1894
- Ex parte CorlissNorth Dakota Supreme Court · 1907
- Barry v. TrauxNorth Dakota Supreme Court · 1904
- Matter of GudenNew York Court of Appeals · 1902
- Cameron, Superintendent v. ParkerSupreme Court of Oklahoma · 1894
8 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Andrews v. O'HEARNNorth Dakota Supreme Court · 1986
- Norris v. Mayor of BaltimoreCourt of Appeals of Maryland · 1937
- State ex rel. Wehe v. FrazierNorth Dakota Supreme Court · 1921
- State Ex Rel. Minot v. GronnaNorth Dakota Supreme Court · 1953
- State ex rel Wyckoff v. RossWyoming Supreme Court · 1924
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