Legal Opinion

Soliah v. Cormack

North Dakota Supreme Court

Decided May 28, 1908PublishedCited by 11 opinions

Appeal from District Court, Traill County; Pollock, J. Action by M. E. Soliah and others against A. G. Cormack and others. Judgment for defendants, and plaintiffs appeal. The drainage act is an unwarranted delegation of legislative power. Vallely v. Park Commissioners, 16 N. D. 25, 111 N. W. 615. Legislative power can be delegated only to officers elected by people to be affected by their legislative acts.

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Appeal from District Court, Traill County; Pollock, J. Action by M. E. Soliah and others against A. G. Cormack and others. Judgment for defendants, and plaintiffs appeal. The drainage act is an unwarranted delegation of legislative power. Vallely v. Park Commissioners, 16 N. D. 25, 111 N. W. 615. Legislative power can be delegated only to officers elected by people to be affected by their legislative acts. State v. Budge, 14 N. D. 532, 105 N. W. 724; Marr v. Enloe, 1 Yerg. 452; Hope v. Deaderick, 8 Humph. 1; People v. Parks, 58 Cal. 624; 1 Cooley on Taxation, 95; Shumway v. Bennett, 29 Mich.…

1Opinion of the Court

Fisk; J.

Plaintiffs, who are property owners and residents of Mayville and Morgan townships in Traill county, brought this action in the district court of said county for the purpose of perpetually enjoining the defendants as drain commissioners from taking any further proceedings towards the construction of a certain drain through such townships, and from levying any assessments upon their property for the construction thereof. The district court sustained a demurrer to the complaint and this appeal is from such order. The regularity of all the proceedings of the board of drain commissioners…

2Cases cited34 opinions

  1. Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
  2. Bauman v. RossSupreme Court of the United States · 1897
  3. Mayor of Baltimore v. State ex rel. Board of PoliceCourt of Appeals of Maryland · 1860
  4. People ex rel. Board of Park Commissioners v. Common CouncilMichigan Supreme Court · 1873
  5. KingmanMassachusetts Supreme Judicial Court · 1891

29 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Chester v. EinarsonNorth Dakota Supreme Court · 1948
  2. State v. JohnsonMontana Supreme Court · 1926
  3. Hackney v. ElliottNorth Dakota Supreme Court · 1912
  4. State ex rel. Miller v. LeechNorth Dakota Supreme Court · 1916
  5. Ex parte ModeCourt of Criminal Appeals of Texas · 1915

6 more not listed; retrieve them via the Exa API.

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