Legal Opinion

State ex rel. Packard v. Jorgenson

North Dakota Supreme Court

Decided October 7, 1915PublishedCited by 3 opinions

Original writ of mandamus to compel tlie state auditor to issue salary warrants to the members of the state Tax Commission. Writ issued. The supreme court has original jurisdiction to issue writs of mandamus or other writs, especially where the prerogatives, rights and franchises of state government are involved. Const. §§ 86, 87; Eev. Codes 1905, §§ 6751, 7822, Comp. Laws 1913, §§ 6727, 8457; State ex rel. Goodwin v. Nelson County, 1 N. D. 101, 8 L.E.A. 283, 26 Am.

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1Opinion of the CourtBurke, J.

Petitioner asks mandamus to compel the state auditor to issue salary warrants to the members of the state Tax Commission. The facts leading up to the controversy, briefly stated, are as follows: Chapter 303, Sess. Laws 1911, creates a permanent nonpartisan Tax Commission, defines its powers, and appropriates money for the maintenance thereof. Section 2 of said chapter provides for the appointment by the governor, with the advice and consent of the senate, of three persons, the term of one of whom should expire on the first Monday in May, 1915; another whose term should expire May, 1917, and…

2Cases cited1 opinion

State ex rel. Birdzell v. JorgensonNorth Dakota Supreme Court · 1913

3Cited by3 opinions

Riley v. ThompsonCalifornia Supreme Court · 1924
State ex rel. Coghlan v. PoindexterNorth Dakota Supreme Court · 1922
State ex rel. Wallace v. JorgensonNorth Dakota Supreme Court · 1916