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# SUPREME COURT
From Stutsman County
John P. Seiler, plaintiff and appellant, vs. A. C. Gelhar et al as district school board of Montpelier school district, Stutsman county, North Dakota, defendants and respondents.
Syllabus: Chapter 118, S. L. 1921, relating to consolidated schools, which provides that "transportation may be furnsihed either by the use of public conveyances or by allowing each family as compensation" a sum of money dependent upon the distance to be traveled and the number of children in the family, is not violative of sections 147, 148 and 149 of the state constitution, as depriving children or their guardians of any constitutional rights, merely because the option whether transportation by public conveyance or compensation in lieu thereof shall be furnished, lies in the discretion of the school board or in the judgment of the people, through an election pursuant to subsection 3, chapter 113, supra.
Appeal from the district court of Stutsman county, Hon. Fred Jansonius, district judge.
Application to the district court for a writ of mandamus. The application was denied and the petition dismissed. Order affirmed. Opinion of the Court by Johnson, J. S. E. Ellsworth, Jamestown, N. D., attorney for plaintiff and appellant, Carr & Rittgers, Jamestown, N. D., attorneys for defendants and respondents.
From Ward County
Union National Bank of Minot, a corporation, plaintiff and respondent, vs. F. C. Lenton, H. M. Wilson, and E. H. Ray, defendants, F. C. Lenton and E. H. Ray, defendants and appellants.
Syllabus: Following Thompson Yards, Inc., v. Richardson N. D. 199 N. W. 863, it is held, under the facts stated in the opinion, that the lien of a crop mortgage survives a discharge in bankruptcy, where such mortgage is executed in the fall, covering the next maturing crop.
Appeal from the district court of Ward county, Hon. Jno. C. Lowe, judge.
Affirmed. Opinion of the court by Birdzell, J. Halvor L. Halvorson, Minot, N. D., attorneys for appellants. Nestos, Herigstad & Stenersen, and B. H. Bradford, of counsel, Minot, N. D., attorneys for respondent.
From Divide County
R. W. Frazier, relator and respondent, vs. Carl Schultz et al as county commissioners of Divide county, North Dakota, respondents and appellants. First & Security State bank of Crosby, a corporation, et al, respondents and appellants.
Syllabus: Divide county had moneys on deposit in two banks which closed their doors on account of insolvency. A reorganization plan was worked out whereby the two banks were authorized to consolidate and reopen as one bank, subject to certain conditions imposed by the state banking department and the guaranty fund commission, one of which was that all the depositors should agree to leave their money on deposit in the reorganized bank for certain stated periods of time, running from one to four years. The county commissioners, after fair and honest consideration, determined that owing to the then condition of the two insolvent banks, as well as the questionable financial responsibility of the securities on the depository bonds, it would be for the best interests of the county to enter into the proposed arrangement. They thereupon entered into the proposed agreement on the condition, however, that the sureties on the depository bonds become parties thereto.
Held that the county commissioners did not exceed their authority in making such agreement.
