Page:North Dakota Reports (vol. 1).pdf/545



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1. Article 20 of the state constitution is not self-executing; it cannot be enforced by the penalties in the former license law; the provision in that article that "the legislative assembly shall by law prescribe regulations for the enforcement of the provisions of this article, and shall thereby provide suitable penalties for the violation thereof," clearly indicates the intent of the constitutional convention that supplemental legislation should be the means of enforcing said article. State v. Swan, 5.

2. Until such supplemental legislation is had, article 20, while prohibitory in form, is in fact only a declaration of principles, and without force to repeal the prior license law; and hence relator’s restraint is not unlawful. Id.

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An act approved February 14, 1890, entitled, "An act authorizing counties to issue bonds to procure seed-grain for needy farmers resident therein," examined and held to be valid, and not an abuse of legislative powers, in that it authorizes the issue of bonds and taxation for a public purpose. Held, further, that the act is not an infringement of § 185 of the state constitution, in this: that it is a measure intended for the "necessary support of the poor." State v. Nelson Co., 88.

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In the exercise of its original jurisdiction, under § 87 of the state constitution, the supreme court, exercising its discretion, will issue the writs of habeas corpus, mandamus, quo warranto, certiorari and injunction only when applied for as prerogative writs; and where the question presented is publici juris, and one affecting the sovereignty of the state, its franchises or prerogatives, or the liberties of the people. To invoke the original jurisdiction of this court, the interest of the state must be primary and proximate, and not secondary and remote. This court will judge for itself whether the wrong complained of is one which requires the interposition of this court to protect the prerogatives and franchises of the state in its sovereign character. In all cases where the original! jurisdiction of this court is invoked, except in habeas corpus cases, the attorney general shall proceed only on leave, based upon a prima facie showing that the case is one of which it is proper for this court to take cognizance. In ordinary cases, this court will not exercise its original jurisdiction to restrain local taxation for any reason. The proper jurisdiction for that purpose is lodged in the district courts. Held, this being an application made by the attorney general in behalf of the state to enjoin the issue of bonds upon the alleged ground that the statute authorizing the bonds is unconstitutional, that the question is one of local concern, and affects only the county of Nelson and its tax-payers, and hence the case does not fall within the limited class of cases in which this court will exercise original jurisdiction. Held, that the writ of injunction is denied upon the ground that the statute in question is valid law, and also upon the ground that the question presented is one of merely local concern, and hence is not a proper case to call for the issuing of a writ out of this court. Id.

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Section 10 of the schedule to the constitution, providing that "the county and precinct officers shall hold their offices for the term