State ex rel. Wallace v. Jorgenson
North Dakota Supreme Court
An original proceeding. Where the prerogatives, rights, and franchises of the state government are here directly involved, the supreme court has original jurisdiction. State ex rel. Birdzell v. Jorgenson, 25 N. D. 539, 49 L.P.A. (N.S.) 67, 142 N. W. 450. “If a statute is valid, it is to have effect according to the purpose and intent of the lawmaker.
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An original proceeding. Where the prerogatives, rights, and franchises of the state government are here directly involved, the supreme court has original jurisdiction. State ex rel. Birdzell v. Jorgenson, 25 N. D. 539, 49 L.P.A. (N.S.) 67, 142 N. W. 450. “If a statute is valid, it is to have effect according to the purpose and intent of the lawmaker. The intent is the vital part, the essence of the law, and the primary rule of construction is to ascertain and give effect to that intent.” 2 Lewis’s Sutherland, Stat. Constr. 2d ed. § 63. “By the construction of a statute is meant the process of…
1Opinion of the CourtGoss, J.
This is the third chapter in litigation involving appropriations for the state tax commission. For the first see State ex rel. Birdzell v. Jorgenson, 25 N. D. 539, 49 L.R.A.(N.S.) 67, 142 N. W. 450; for the second, see State ex rel. Packard v. Jorgenson, 31 N. D. 563, 154 N. W. 525. And this original proceeding, the third of the kind, involves the question of whether subdivision 18 of chap. 43 of the Session Laws of 1915, exclusive of the first item of said subdivision 18, is an appropriation for such purposes or instead invalid because passed under a misapprehension or by inadvertence.
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2Cases cited2 opinions
- State ex rel. Birdzell v. JorgensonNorth Dakota Supreme Court · 1913
- State ex rel. Packard v. JorgensonNorth Dakota Supreme Court · 1915
3Cited by3 opinions
- State Ex Rel. Gammons v. SorlieNorth Dakota Supreme Court · 1928
- State ex rel. Coghlan v. PoindexterNorth Dakota Supreme Court · 1922
- State ex rel. Wattam v. PoindexterNorth Dakota Supreme Court · 1921