Northern Pacific Railway Co. v. Warner

*726Morris, J.

This is an action for a declaratory judgment brought pursuant to the provisions of Chapter 32-23 RCND 1943. The controversy that is the basis of the suit involves the construction of Section 49-1313 RCND 1943 and its application to the operation of a machine known as a power ballaster. The plaintiff contends that the section of the statute under consideration does not apply to a power ballaster of the model and type used by the plaintiff and that if it, by its terms, does so apply, 'the statute is arbitrary and unreasonable and is not a constitutional exercise of the police power of…