the decision to the facts of this case, and do not wish to indicate in advance what we should hold in a case where it appeared that the information had been verified on information arid belief as a foundation for issuing a warrant of arrest, or by a witness or person other than the state’s attorney, or in a case where no preliminary examination had been held or waived.
The remaining assignment of error presents a question of great difficulty. The information was first attacked by a motion to set it aside, and, that motion being denied, defendant demurred to the information, and the demurrer was overruled. Subsequently the defendant moved the court to arrest the judgment. In all these modes of assailing the information defendant’s counsel claimed, among other things, that the information is invalid, because it does not appear by the information that the prosecution of this defendant is carried on either in the name of the state of North Dakota or by its authority. The information is not entitled inan action in which the state appears as a party, nor in any action, nor does the information aver in terms or indirectly that the defendant is prosecuted either in the name or by the authority of the state. It does appear on the face of the information that it was filed by the acting state's attorney of Richland county in the district court of said county and state of North Dakota. In support of his contention defendant’s counsel cites § 97, art. 4, of the state constitution, which contains the following language: “ All prosecutions shall be carried on in the name and by the authority of the state of North Dakota.” In support of the information the attorney general cites the case of City of Davenport v. Bird, 34 Iowa 525. This case is one where the city prosecutes under its charter for violating a city ordinance forbidding loud and unusual noises in the streets. The supreme court of Iowa, construing a section of the constitution of Iowa substantially like that above quoted, say, in effect, that such prosecution is not one which should be had in the name of the state, because the language in the constitution does not relate to such prosecutions, but has reference wholly to cases brought in the courts established by the constitution, and for offenses arising under the criminal laws of the state. For this reason the prosecution
