State v. Halverson

• Citation: 69 N.D. 225,285 N.W. 292
• Decision Date: 03 April 1939
• Docket Number: No. 6586.,6586.
• Parties: STATE v. HALVERSON.
• Court: North Dakota Supreme Court

69 N.D. 225

285 N.W. 292

STATE

v.HALVERSON.

No. 6586.

Supreme Court of North Dakota.

April 3, 1939.

Syllabus by the Court.

The provision of Chapter 315, Session Laws N.D.1931, that the Workmen's Compensation Bureau shall cause suit to be brought for the collection of premiums and penalties within twenty days after the default of any employer, places upon the Bureau the duty to bring suit within the time specified, but is not a statute of limitations and does not create a condition precedent to the maintenance of an action by the Bureau.

Appeal from District Court, Barnes County; M. J. Englert, Judge.

Action by the State against Syvert Halverson, doing business as Halverson Ice Company, for premiums designated in payin orders issued by the Workmen's Compensation Bureau. From the judgment, the defendant appeals.

Affirmed.

A. F. Greffenius and Ritchie & Ritchie, both of Valley City, for appellant.

Alvin C. Strutz, Atty. Gen., and A. M. Kuhfeld, Asst. Atty. Gen., for respondent.

MORRIS, Judge.

The defendant is engaged in the business of harvesting, selling and dealing in ice, which is a hazardous employment coming within the purview of the Workmen's Compensation Act. Comp.Laws Supp.1925, § 396a1 et seq., as amended. He employs various persons in the conduct of his business. Pursuant to the fixed and published Workmen's Compensation Insurance Rates and Schedules, the defendant became liable to the North Dakota Workmen's Compensation Fund for certain premiums designated in pay-in orders issued by the Workmen's Compensation Bureau. This action was instituted on August 26, 1937 to collect from the defendant premiums set forth in eight of such orders together with penalties thereon. The orders were issued between the included dates of December 31, 1929 and March 12, 1937. The defendant pleads two defenses. The first defense is applicable to all orders issued prior to August 26, 1931. It sets up that the cause of action based upon such pay-in orders did not accrue within six years prior to the commencement of the action, thus presenting the defense of the general statute of limitations provided by Section 7375, Compiled Laws N.D.1913, as amended by Chapter 233, Session Laws N.D.1935. The trial court sustained this defense, and disallowed all items based upon premiums that accrued prior to August 26, 1931.

As to the remaining premiums, being four in number, represented by pay-in orders issued between the included dates of January 4, 1934 and March 12, 1937, representing aggregate premiums of $224.50 upon which penalties accrued amounting to $304, the defendant urges that suits for the enforcement of the collection thereof are governed by Chapter 315, Session Laws N.D.1931. This chapter provides for the determination of the premiums by the Bureau, the issuance of pay-in orders, and the manner of notifying employers of the amount due. The portion of this law upon which the defendant relies, provides that,

“Within twenty (20) days after any such default the Bureau shall cause suit to be brought for the collection of the premium and accrued penalties, together with further accruing penalties, in the courts of Burleigh County, North Dakota, or in the courts of any county in which such employer is engaged in business; and, in such suits, it shall be unnecessary to comply with the provisions of Chapter 38 of the Session Laws of North Dakota for the year 1921, and acts amendatory thereof, known as the Conciliation Law.

The payment of any judgment rendered in any such action, or the voluntary payment of the amount of premium, penalties and costs prior to judgment, shall entitle the employer, and the employees of such employer, to the benefits of the act from the date of such pay-in-order. If the judgment cannot be paid in full, the Bureau shall determine the date upon which the right of the employees to participate in the Fund shall cease.” Section 1.

The defendant pleads that the failure of the Bureau to cause suit to be brought for the premiums involved within twenty days after the default of the employer bars the Bureau from maintaining this action. The trial court ruled against this contention and ordered judgment for the premiums accruing within six years from the commencement of this action and penalties thereon. From the judgment entered for these premiums and penalties, the defendant appeals.

[1][2][3] The question before us is whether Chapter 315, Session Laws N.D.1931 making it the duty of the Bureau to cause a suit to be brought for the collection of premiums and accrued penalties within twenty days after the default of the employer, may be pleaded as a bar to a suit brought after the period of twenty days has elapsed. It is argued by the defendant that the statute in question is either a statute of limitations or creates a condition precedent which must be complied with before suit can be maintained by the Bureau. It is clearly not a statute of...