113 N.W. 703 | N.D. | 1907
This is an action to foreclose a mechanic’s lien upon buildings situated upon land occupied by the defendant under the homestead laws of the United States. The sole question presented on the appeal pertains to the constitutionality of chapter 101, p. 129, Laws 1901. Two objections are urged in support of the contention that the law is unconstitutional: (1) That the subject of the act is not wholly embraced within its title; (2) That the law is not of uniform application. The title of the act is as follows: “An act regulating the filing and foreclosure of mechanic’s liens upon lands held or occupied under a filing under any of the land laws of the United States.”
The second objection to the law is that it is repugnant to section 11 of article 1 of the constitution, which provides that “all laws of a general nature shall have a uniform operation,” and to subdivision 31 of section 69 of article 2, prohibiting the enactment of special laws, “authorizing the creation, extension or impairing of liens.” It is claimed that to grant liens on buildings
The judgment is affirmed.