Page:North Dakota Reports (vol. 1).pdf/36

 tain the boundaries of right and wrong, and the methods which it takes to command the one and prohibit the other. For this purpose every law may be said to consist of several parts: One declaratory, whereby the rights to be observed, and the wrongs to be eschewed, are clearly defined and laid down; another directory, whereby the subject is instructed and enjoined to observe those rights, and abstain from the commission of those wrongs; a third remedial, whereby a method is pointed out to recover a man’s private rights, or redress his private wrongs; to which may be added a fourth, usually termed the 'sanction' or 'vindicatory' branch of the law, whereby it is signified what evil or penalty shall be incurred by such as commit any public wrongs, and transgress or neglect their duty." And again, on page 57, he says: "Of all the parts of a law, the most effectual is the vindicatory; for it is but lost labor to say, 'Do this, or avoid that,' unless we also declare, 'This shall be the consequence of your non-compliance.’ We must therefore observe that the main strength and force of a law consists in the penalty annexed to it. Herein is to be found the principal obligation of human laws." Measured by this standard, it is very clear that article 20 does not constitute a law. The "main strength and force" and “principal obligation” are wanting. The article contains only the declaratory and directory portion of the law, and lacks the remedial and vindicatory. It is evident that, were we still a territory, and had a subsequent legislature passed an act containing just what is found in article 20, and no more, such act would be powerless to repeal any existing statute on the subject, particularly where the legislature that passed the act publicly proclaimed its futility, by requesting a subsequent legislature to give the act life and force. It remains, then, to be seen whether article 20 can have greater repealing force as a constitutional provision than it would have as a statute.

In Cooley, Const. Lim. (5th Ed.) 98 et seq., it is said: "But, although none of the provisions of a constitution are to be looked upon as immaterial, or merely advisory, there are some which, from the nature of the case, are as incapable of compulsory enforcement as are directory provisions in general. The