Page:Compiled Laws of the State of North Dakota 1913 vol I.pdf/79

 service in time of war or public danger, until provided by statute. State ex rel. Poole v. Peake, 22 N, D. 457, 40 L.R.A. (N.S.) 354, 135 N. W. 197.

§ 9. Every man may freely write, speak and publish his opinions on all subjects, being responsible for the abuse of that privilege. In all civil and criminal trials for libel the truth may be given in evidence, and shall be a sufficient defense when the matter is published with good motives and for justifiable ends; and the jury shall have the same power of giving a geueral verdict as in other cases; and in all indictments or informations for libels the jury shall have the right to determine the law and the facts under the direction of the court as in other cases.

Merely vests in jury right to render general verdict in libel cases, and to determine law as in cases where general verdict is returned. State v. Tolley, 23 N. D. 284, 136 N. W. 784.

Truth as a defense in criminal prosecution for libel. 21 L.R.A. 509; 31 LRA.

Instigation of criminal libel as defense to prosecution. 30 L.R.A.(N.S.) 953.

Province of judge and jury in prosecutions for libel. 13 Am. St. Rep. 625.

Constitutional freedom of speech and of the press. 32 L.R.A. 829.

Constitutional guaranty of freedom of speech or press as affecting civil service laws. 34 LR.A. (N.S.) 482.

Prohibition against mailing of obscene and indecent publications. 24 L.R.A. 112.

§ 10. The citizens have a right, in a peaceable manner, to assemble together for the common good, and to apply to those invested with the powers of government for the redress of grievances, or for other proper purposes, by petition. address or remonstrance.

Legislature has power to require nomination to be made at primary elections by use of ballot, and may provide that such elections shall be conducted within organized political parties. State ex rel. Miller v. Flaherty, 23 N. D. 813, 41 L.R.A.(N.S.) 132, 136 NW. 76.

§ 11. All laws of a general nature shall have a uniform operation.

Chapter 285 of Laws of 1911, relating to Sunday theaters, is not special legislation. State ex rel. Temple v. Barnes, 22 N. D. 18, 37 LLR.A.(N.8.) 114, 132 N. W. 215, Ann. Cas. 1913E, 930.

‘Act requiring county treasurer to transfer to city treasurer bridge funds collected from city property where bridge constructed in city, valid. State ex rel. Hagen v. Anderson, 22 N. D. 65, 132 N. W. 433.

Act conferring upon boards of county commissioners of every county authority to enforce payment of taxes on unredeemed tax sale property, valid. Picton v. Cass County, 18 N. D. 242, 100 N. W. 711, 3 Ann. Cas, 345.

Act requiring registration and publication of internal revenue tax receipts, and applying to all paying tax and having receipts, valid. State ex rel. Flaherty v. Hanson, 16 N. D. 347, 113 N. W. 371.

A general law assessing and taxing grain in elevators to the possessor, and providing for a lien as security for reimbursement. if not the owner, is valid. Minneapolis & N. Elevator Co. v. Traill County, 9 N. D. 213, 50 L.R.A. 266, 82 N. W. 727.

A law regulating relocation of county ‘seats must not arbitrarily classify counties. Edmonds v. Herbrandson, 2 N. D. 270, 14 L.R.A, 725, 50 N. W. 790.

Law allowing unorganized school township containing a city of 800 inhabitants or more to organize distinct school township, void. Plummer v. Borsheim, 8 N. D. 565, 80 N. W. 690.

Provision tm primary law that no nomination is made unless vote cast is at least 30 er cent of total number cast for candidate for secretary of state at last general election, invalid. State ex rel. Dowal v. Hamilton, 20 N. D. 592, 129 N. W. 916.

Act giving to materialmen and laborers a lien upon buildings erected upon government lands held under the laws of United States valid. Powers Elevator Co. v. Pottner, 16 N.D. 359, 113 N. W. 703.

Laws of 1907, chap. 203, purporting to make every common carrier liable to any of its employees, valid. Majavis v. Great Northern R. Co., 121 Minn, 431, 141 N. W. 806.

§ 12. The military shall be subordinate to the civil power. No standing army shall be maintained by this state in time of peace, and no soldiers shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, except in the manner prescribed by law.

§ 13. In criminal prosecutions in any court whatever, the party accused shall have the right to a speedy and public trial; to have the process of the court to compel the attendance of witnesses in his behalf; and to appear and defend in person and with counsel. No person shall be twice put in jeopardy for the same offense, nor be compelled in any criminal case to be a witness