Page:North Dakota Law Review Vol. 1 No. 4 (1924).pdf/3

Rh  belonging to plaintiff. The term of office of Dunbar, as state inspector, expired in December, 1921, and the claim was filed with the commissioner of insurance on July 30, 1923. The complaint did not state the date of the default, nor the date when the default was discovered by the plaintiff, nor did it appear therefrom that the claim was filed within sixty days after the discovery of the default. The State Bonding Fund demurred to the complaint. HELD: Sections 7 and 9, Chapter 158, Laws of 1919, require a complainant who intends to hold the state bonding fund liable for any default or wrongful act of a public employee, to present the claim to the insurance commissioner within sixty days after the discovery by the claimant of the default, [sic] or wrongful act. The provisions of these sections are mandatory. A complaint which fails to allege the presentation of a claim within sixty days after the discovery by the claimant of the default does not state a cause of action.

The new Judicial Council of the State of Massachusetts was organized in November, 1924.

The Chicago Bar Association is recommending to the Courts that a rule be adopted prohibiting the taking of photographs in Court.

Judge Everett P. Wheeler, of New York, member of the American Bar Association since its organization, died last month at the ripe age of 85.

The Supreme Court of Washington has disbarred Elmer Smith, noted I. W. W. lawyer. The charge sustained was that Smith had advocated the overthrow of the U. S. government by unlawful means.

W. Thomas Kemp, of Baltimore, Assistant Secretary of the American Bar Association 1910-1919, and Secretary 1920-1924, answered the last call in February. He was 48 years of age at the time of his death.

Missouri attorneys recently presented to the Legislature of that State a bill providing that the omission of non-essential words from an indictment shall not constitute grounds for reversal, and prohibiting reversals or dismissals on purely technical errors.

During the past six months twelve outside State and local Bar Associations have applied to the office of the North Dakota Secretary for information concerning our Bar Association Act. Similar bills were introduced in two Legislatures recently, Minnesota and Oklahoma.

Legal Literature just published: “Income tax Procedure” by Montgomery, published by Ronald Press; “Studies in Murder” by Herbert C. Fooks; “The Drama of the Law” by Edward A. Parry, published by