Legal Opinion · Dissent

State Ex Rel. Syvertson v. Jones

North Dakota Supreme Court

Decided May 20, 1946No. File 7002Published

1DissentBurr, J.

I cannot agree with the decision of the majority of the court in its entirety. I agree that the initiative measure can be construed so as to show no delegation of legislative power; also that all revenue received from the gasoline and other subjects of taxation mentioned in article 56 of the amendments to the constitution is segregated, to be used solely for the purpose stated in the article. Thus the proceeds of the tax imposed by this initiative measure are part of that fund.

As I view the entire problem the debt created by the initiative measure is a state debt. To have the principle…

2Cases cited1 opinion

  1. King v. BakerNorth Dakota Supreme Court · 1941

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