for which they were elected,” does not prohibit the legislature from abolishing the office of county assessor before the expiration of the term of the county assessor in office when the constitution took effect, the same being a legislative office. State ex rel v. Harris, 190.
Section 27 or State Bank Act Valid.
Section 27, c. 23, Laws N. Dak. 1890, entitled "An act to provide for the organization and government of state banks," which prohibits all persons from doing a banking business in this state, except corporations which are organized under said chapter, examined and held to be constitutional. Said section does not contravene either § 1 of article 1 of the state constitution or § 1 of the 14th amendment to the federal constitution. State ex rel v. Woodmansee, 246.
Police Power.
Said § 27 is upheld as a proper exercise by the legislature of that branch of the internal police power of the state which relates to the public safety. Id.
Bill to Embrace But One Subject.
Said § 27 is not a violation of § 61 of the state constitution, which provides that "no bill shall embrace more than one subject, which shall expressed in its title; but a bill which violates this provision shall be invalidated thereby only as to so much thereof as shall not be so expressed." Id.
(Effect of Wilson Bill on liquor laws. See Intoxicating Liquors.)
CONTRACT.
Agreement to Convey; Refusal of Grantee to Accept.
K. and M. were the owners in severalty of certain lands within the corporate limits of the city of J. They entered into a contract with trustees, by which they agreed to furnish a fund which the trustees agreed to expend in improving certain land of M. for a city k and to have the improvements completed by January 1, 1885; K. and M. agreeing that upon the completion of the improvements, or at any time prior to January 1, 1886, when the city of J. would accept the same, they would dedicate certain land, including the land on which the improvements were made, to the city for a public park, forever, on certain conditions. The city, by resolution, agreed to accept the land when improved as stated in the contract. The funds were raised, improvements made, and deeds of dedication placed in the hands of the trustees. The city refused to accept. After January 1, 1886, M. withdrew his deed, and conveyed to a third party. Held, that he violated no contractual relations with K. in so doing. Kidd v. McGinnis, 331.
Written Contracts.
Letter containing offer with letter accepting same constitute a written contract. Northwestern Fuel Co. v. Bruns, 137.
Written Contract Nor Invalidated by Prior Void Parol Contract.
Where plaintiff, who held the patent title to certain real estate acquired by him under the pre-emption laws of the United States, entered into a contract, otherwise valid, for the sale and conveyance of such real estate, such contract was not invalidated by the fact that prior thereto, and before plaintiff acquired his title, or filed his declaratory
