Page:North Dakota Reports (vol. 3).pdf/356

 shown, that the two words, “clerk” and “secretary” as applied to such a functionary, are used interchangeably.

Respondent's counsel cites the following excerpt from § 10, Ch. 122, Laws 1890, to show, quoting from his brief, that “it was evidently the intention of the legislature of the State of North Dakota, of the year 1890, that a clerk or clerks should be employed in the office of the secretary of the commissioners of railroads,” viz: “Said commissioners shall inform such railroad company, by a notice thereof, in writing, to be served as a summons in civil actions required to be served by the statutes of this state in actions against corporations, when certified by the clerk or secretary of the railroad commissioners.” To our mind this statutory provision furnishes only another instance of the interchangeable use of the terms “clerk” and “secretary,” as descriptive of a subordinate functionary, whose duties are ministerial and clerical in character. We think both terms were used in the statute to more fully describe the subordinate functionary, whether called “clerk” or “secretary.” Section 1 of Ch. 9, Laws 1891, is also cited by respondent to show that there is such an officer as secretary of the commissioners of railroads. If considered by itself, and wholly divorced from other features of the statute relating to the same matter, the section would possibly tend to support respondent's contention that there is a state officer called a “secretary of the commissioners,” and that that officer has been allowed $1,000 per annum to disburse as clerk hire to his subordinates. But this theory becomes untenable when we recall the fact that there never was a statute which, by any construction possible, conferred upon the secretary of the board, or upon any other person or board, the power to appoint a subordinate to render clerical assistance to the secretary or in the secretary's office. We think that we have shown that the obvious purpose of the state laws, when considered together, is to annul the laws of the territory upon the same subject-matter, and to confer upon the commissioners of railroads chosen by the pcople new and additional powers, including that of appointing, with the approval