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SUPREME COURT From Burleigh County The State of North Dakota for itself and on behalf of all creditors of defendant banks, Plaintiff and Respondent, vs. First State Bank of Jud, Mohall State Bank and numerous other insolvent banking corporation, Defendants and Appellants. SYLLABUS: 1. Under the Constitution of this State all governmental power is vested in the legislature except such as is granted to the other departments of government, or expressly withheld from the legislature by constitutional restrictions. 2. The only test of the validity of an act regularly passed by the legislature is whether it violates any of the express or implied restrictions of the state or federal constitutions. 3. If the end be legitimate, all the means which are appropriate which are plainly adapted to that end. and which are not prohibited, may constitutionally be employed to carry it into effect. 4. A litigant can be heard to question the validity of a statute only when, and in so far as, it is applied to his disadvantage. 5. For reasons stated in the opinion it is held that Chapter 137, Laws 1923 is constitutional; that the legislature in the exercise of its constitutional powers as the lawmaking body of the state may prescribe the conditions under which a banking corporation organized under the laws of this state shall be deemed insolvent; authorize the Attorney General of the State to bring an action in the name of the state for the liquidation of such bank, or banks; vest the district court of Burleigh county with jurisdiction of such action, and require the supreme court, in the exercise of its supervisory jurisdiction over inferior courts, to designate a district judge to hear and determine such actions and appoint a receiver. Appeal from the district court of Burleigh County, Cooley, Special J. Defendant appeals from an order sustaining M demurrer to his answer. Affirmed. Opinion of the court by Christianson, J. Francis J. Murphy, of Fargo, At. torney for Appellants. Geo. F. Shafer, Attorney General and John Thorpe, Assistant Attorney General, Attorneys for Respondent.