not by the arrest of a party, but by serving notice on him called a "summons." If the defendant does not answer within twenty days, the court awards the judgment to the plaintiff. If an answer is filed, it creates an issue for the jury to settle. The jury determines the right of each party, and in case money is due, the amount to be paid.

New Trial and Appeal. The party aggrieved is entitled to have a new trial,-i. e., a reëxamination by the same court,--if there has been any irregularity in the proceedings, any misconduct of the jury, any newly discovered evidence, if the damages awarded have been excessive, due to passion or prejudice, if there has been any error made by the judge in his rulings, or if the judge himself orders a new trial. Twenty days only are allowed in which to apply for a new trial.

The criticism is sometimes made that a new trial may be obtained too easily, and in this way a rich litigant, such as a big corporation, may wear out a poor man by protracting the litigation unduly. To illustrate: The lawyer is examining a witness. He may ask the question, “Did you receive a letter on such and such a day?" The opposing lawyer may object to the witness answering this question, on the ground that it is not proper evidence. The judge must rule for or against the admission of the evidence. If he rules for its admission, the lawyer of the opposition will announce his "exception" to the ruling. In the course of a long trial the judge must make many such rulings. He may by mistake make a ruling admitting or not admitting evidence, contrary to the law governing judicial procedure. If, therefore, the judge refuses to grant

a new trial, the lawyer may appeal to the supreme court on the ground of the error made by the trial judge. The supreme court will then go over the record of the case thoroughly, and if an error be found even a technical error-the case will be sent back for a new trial. Or the supreme court may reverse the decision of the district court on account of the trifling error made by the trial judge, even though the guilt of the accused is established by uncontradicted evidence.

Declaring Statutes Void. There is one important power of the supreme court not mentioned before. That is its power to declare statutes void. It may happen that in dealing with the law as applied to a particular case before it, the supreme court will find that the law is contrary to the constitution of the State. The court must then so hold, and the law becomes null and void, exactly as if it had never been passed. A great many laws hastily passed never survive this test before the supreme court. In this way the lawmakers are checked by the constitution as interpreted and applied by the supreme court.

QUESTIONS ON THE TEXT

1. What is the relation of the State constitution to the courts of the State? To the procedure of the courts?

2. What does Lincoln say about the right of property?

3. State three simple principles involved in law.

4. Who enforces the law?

5. What are the functions of the local courts?

6. Explain "preliminary hearing"; "bail."

7. Distinguish between criminal and civil actions.

8. Define two classes of crime.

9. Define the jurisdiction of the justice's court, civil and criminal.

10. Jurisdiction of police court.

11. Jurisdiction of county court.

12. Where may county courts of increased jurisdiction be formed? 13. Explain the jurisdiction of the district court. Give examples. 14. Define original and appellate jurisdiction.

15. Define the following writs: habeas corpus, mandamus, injunction, quo warranto. Explain and criticize injunction.

16. What is the jurisdiction of the supreme court? Other functions?

17. Under what conditions may cases be appealed from State to Federal courts?

18. Discuss the grand jury-size, objects, methods, how and when

called.

19. Describe the petty jury: when used, how selected, verdict, arguments for and against the jury system.

20. Describe fully the judicial procedure in criminal actions; in civil actions.

21. Explain the principles governing new trials; appeals.

22. In what way may the supreme court check the State legislature?

QUESTIONS SUGGESTED BY THE TEXT

1. What was the amount of money collected last year from the State inheritance tax?

2. Compare the North Dakota inheritance tax law with the Minnesota law; the Wisconsin law.

3. Give an account of an actual case in court appealed to a higher court. Grounds of the appeal. Final decision.

4. Secure a copy of a brief used before the supreme court and note its argument as to the law of the case. Why is there no jury in the supreme court?

5. Should litigation be made more expensive or less expensive? 6. Should it be made easier or harder to appeal cases to the supreme court?

REFERENCES

1. "North Dakota Code" (1905) and subsequent session laws. 2. "North Dakota Reports" (of State supreme court).

3. "North Dakota Blue Book."

4. Hart, "Actual Government," Ch. 9.

SPECIAL REFERENCES

1. "The Efficiency of English Courts: An Example for America," by Jesse Macy, McClure's Magazine, September, 1909.

2. "A Judicial Experience," by Theodore Roosevelt, Outlook, March 13, 1909.

3. "The Denial of Justice," by Samuel Scoville, Jr., Outlook, June 12, 1909.

4. "Treadmill Justice," by George W. Alger, Atlantic Monthly, November, 1909.

5. "Judicial Procedure in America," Editorial, Nation, November 4, 1909, p. 424.

CHAPTER XXI

LOCAL GOVERNMENT: COUNTY, TOWNSHIP, VILLAGE

We may look at local government from two view points: (1) What work is it doing for us? This is a study of its functions. (2) What form of organization is doing this work for us? What is the machinery used? This is a study of the organs of local government. In the human body, for instance, we find a certain organ, such as the liver, performing a certain function, such as the secretion of bile. So also in our government, State and local, we find certain organs performing certain functions.

The chief functions of local government concern six subjects, namely, (1) Education; (2) Public Health; (3) Finance and Taxation; (4) Good Roads; (5) Police and Justice; (6) Charity. The forms or organs of local government are five-the county, township, village, city, and school district. The discussion of the city and the school district we must defer to later chapters. Let us consider the forms of local government before examining the actual work of these various forms.

I. FORMS OF LOCAL GOVERNMENT,

The constitution itself provides for the various forms of local government found in our State. However, it leaves to the State legislature the duty of providing "by