Page:North Dakota Law Review Vol. 2 No. 5 (1925).pdf/2

2 REVIEW OF NORTH DAKOTA DECISIONS State ex rel Howieson v. Fraser, Adjutant General. Relator applied for a writ of mandamus to compel the defendant to approve her claim for payment out of the "Returned Soldier's Fund." It is alleged that relator's son was mustered into the military service of the United States from this state in July, 1917, and was killed in action with the American Expeditionary Forces in France in October, 1918, leaving surviving him the relator, his wife and a minor child. That within a year after his death the minor child died, that shortly thereafter his widow re-married, without making application for payment of a "bonus" under the "Returned Soldier's Fund" act, that relator demanded payment of such bonus to her as the dependent mother of the deceased soldier, and that payment was refused. From a judgment commanding payment the defendant appeals. HELD: The "Returned Soldier's Fund" act vests in the Adjutant General power to pass upon all claims for compensation out of the fund. It makes no provision for an appeal from or a judicial review of the decisions of the Adjutant General in the allowance or rejection of claims. The decision involved is not subject to judicial review and the action of the Adjutant General may not be controlled by mandamus. (Opinion filed March 24th.)

Re: Blackey. In September, 1922, a minor under eighteen years of age, was adjudged a delinquent child under the Juvenile Court Act, and committed to the State Industrial School. The order of commitment was suspended, and the minor paroled and placed in custody of a juvenile officer, who permitted him to remain at home. In February, 1926, after the minor had attained the age of twenty years, the judge of the district court, for reasons stated in the order, revoked the suspension of sentence formerly passed, and directed the sentence to go into effect, and the minor to be committed to the State Industrial School. This application for a writ of habeas corpus was made in behalf of the minor. HELD: The district court acting under the juvenile court act has only such power as is given to it by that act. This act clearly makes delinquent, neglected and dependent children wards of the state, and subjects them to the care, guardianship and control of the juvenile court until they are eighteen years of age. A juvenile court has not authority to revive a sentence to the Industrial School which had been suspended for nearly four years, and to commit the delinquent child, who at the time of the attempted revival of sentence, was twenty years of age. (Opinion filed March 16th.)

Minneapolis Threshing Machine Company v. Hocking. An action to foreclose a chattel mortgage. The defendant signed a written order for a threshing machine manufactured by plaintiff. The order contained many stipulations in print, among which was one which expressly excludes and negatives all statutory and implied warranties excepting as to title. The contract provides that in no event shall the seller be subject to any other or further liability except such as may be expressly given