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LINDBERG v. BENSON

No. 7492.

70 N.W.2d 42 (1955)

Clifford L. LINDBERG, on behalf of himself and all others similarly situated, Plaintiffs and Appellants, v. Paul BENSON, as Attorney General of the State of North Dakota, and his successors in office, and S. W. Thompson, as Highway Commissioner of the State of North Dakota, and his successors in office, Defendants and Respondents, and Wallace E. Warner, Oscar Zetter, C. P. Larson, Weldon Haugen, Agnes Kjorlie Geelan, George Schonberger, Thomas Snortland, and Joe Gumeringer, Intervenors and Respondents.

Supreme Court of North Dakota.

April 18, 1955.

Attorney(s) appearing for the Case

Hjellum, Weiss & Nerison, Jamestown, Nilles, Oehlert & Nilles, Fargo, Hyland, Foster & Conmy, Rausch & Chapman, Bismarck, for appellants.

Paul Benson, Atty. Gen., for respondents.

William S. Murray, Bismarck, for intervenors and respondents.

BURKE, Chief Justice.

At the June primary election in 1954, the people of this State, by means of the initiative, enacted a statute limiting the right of members of the Legislative Assembly to contract with the State and its subdivisions. It was entitled an "Anti-Corruption" measure. This statute provides:

"No member of the Legislative Assembly of the State of North Dakota, his spouse, nor a partnership, corporation or association, in which such member or...

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