Tripp v. Ringsrud
Tripp v. Ringsrud
Opinion of the Court
The respondent was official reporter of the decisions of the supreme court of the Territory of Dakota. As such reporter, he caused a volume of Reports, numbered and known as “Volume 6,” to be printed and published in accordance with law. After such publication; he applied to the appellant, as secretary of state of the State of South Dakota, and requested him to purchase a sufficient number of copies of said sixth volume of Reports, at the price named, in the law, to make the distribution required by Sections 413 and 414 of the Compiled Laws. The appellant, as secretary of state, refused to make said purchase, and still refuses to do so. The greater portion of the reportorial work on said volume had been done prior to the admission of South Dakota as a state into the Union. Upon the refusal of the secretary of state to make the purchase as requested, the respondent made application to the circuit court of Union county for an alternative writ of madamus to compel the appellant to make the purchase, which writ was granted. Upon the return-day, the appellant demurred to the writ, for the reason that it does not state facts sufficient to cause the same to issue, which demurrer was overruled. From this order of the court overruling the demurrer this appeal is taken.
The only question arising in this case is whether Chapter 154 of the Session Laws of 1887 of the legislature of the Territory of Dakota requires the secretary of state of the State of South Dakota to purchase of the reporter of the supreme court of the Territory of Dakota a sufficient number of volumes of said Reports to make the distribution provided for in Sections 1, 2, and 3 of that enactment, being Sections 413, 414, Comp. Laws. Sections 1 and 2 of the law instruct the librarian of the territory to make a distribution by delivering one copy of the Dakota Supreme Court Reports, published by authority of the reporter of the supreme court, to certain courts and officers of both the territory and United States. Section 4 provides that ‘ ‘should the full compliance with the requirements of Sections 1 and 2 of this act exhaust the supply of the volumes herein
Reference
- Full Case Name
- Tripp v. Ringsrud, Secretary of State
- Status
- Published
- Syllabus
- Sections 413, 414, Comp. Laws, require the librarian of the state to deliver one copy of Dakota Supreme Court Reports to each of certain courts and officers of the state and United States. Section 415 provides that, should the full compliance with the act exhaust the supply of the volumes therein specified, “the secretary is hereby authorized and directed to purchase a sufficient number of copies of the same heretofore published, or to be published, to comply with .the provisions of this act.” HellZ, that the act has a prospective as well as present operation, and applies to future volumes of the Reports to be issued, as well as those on hand, and that the object of Section 415, Comp. Laws, was to provide for a contingency; that is, should the supply on hand be ex- . hausted before the persons and courts named had been supplied, they could be provided with them. •(Syllabus by the Court.