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48 NORTH DAKOTA REPORTS

tice Robinson, have voiced sentiments concerning the questions in hand that seem to us to be altogether at variance with the views expressed in this case. In McCoy v. Davis 38 N. D., 328 164 N. W. 951, Justice Robin- son, in a dissenting opinion, aptly states, (p. 339, Official Reports) “§ 61 of the Constitution is mandatory. Under it, every bill for an act must embrace only one subject, which must be expressed in its title. The title of an act must go with it from the beginning to the end, so as to give notice to the law makers and the people, of the subject and purpose of the act.”’ See also, Robinson J. in State ex rel, Gaulke v. Turner, 37, N. D. 635-670, State ex rel Fargo, v. Wetz 40 N. D. 299-337, 176 N. W. 992 and Great Northern Railway Co., v. Duncan 42 N. D., 346. In the latter case, Justice Robinson asserted that the title of the act manifestly embraced four subjects where it included the limitation of tax levies, restriction of debt limits and regulated the salaries and duties of officers which were dependent upon assessed valuation. This dissenting opinion evidently expressed the sentiments of Mr. Justice Grace for he concurred in the result. The subject matter of that act, as viewed by the majority of the court, disclosed a single purpose on the part of the legislature to preserve normal limitations and salaries during a period: of anticipated higher assessed valuation. If the subject were in fact duplicitous as there held by the minority, we are at loss to understand how the subject in the case at bar can be regarded as single.

The majority of this court is of the opinion that the act is eeany unconstitutional, for the reasons originally stated.

Christianson and Bronson, JJ., concur.


CITIZENS STATE BANK OF SELFRIDGE, Appellant, v. OLAF SMELAND, Respondent.

(184 N. W. 987.)

Garnishment—statute requiring publication of summons against defendant within 60 days held applicable in garnishment proceedings.

1. Where a garnishee summons was served upon a garnishee alone on Jan. 8th, 1918, a disclosure by the garnishee made on Jan. 12th, 1918,