Owen J. Roberts

“ The legislative, executive, and judicial, and no person or collection of persons charged with the exercise of powers properly belonging to one of these departments shall exercise any powers properly belonging to either of the others, except as in this constitution expressly directed or permitted.'
As this question was not briefed or argued when the case was first heard, we granted a reargument; and the cause has again been presented on this point.
The statute plainly affords a remedy which, though in certain respects judicial, is in others administrative. ”

“ Such a state of the law, it is insisted, amounts to a denial of due process to which one confronted with the possible loss of property is not bound to submit, but may at once, if there be the requisite diversity of citizenship and amount in controversy, apply to a federal court for relief. ”

“ This is an appeal from the decree of a specially constituted district court enjoining the enforcement of an order of the state auditor, who is ex officio investment commissioner of Montana. Appellee is a Minnesota corporation engaged in the business of selling investment certificates for which the purchaser pays in installments and which entitle him at a date therein named to receive their face value. ”

“ We are of opinion that the appellee failed to exhaust its administrative remedy before applying to the District Court for injunctive relief. The granting and revocation of permits is an exercise by the appellant of delegated legislative power. ”

“ Section 4045, which authorizes the revocation of permits, and section 4038 (as amended by chapter 194, Session Laws 1931) , which gives an action against the commissioner by a party aggrieved by any finding or decision of that officer, are those which affect the present litigation. They are quoted in the margin. [1]
Operating under permit appellee has built up a large business in Montana in the sale of its certificates. One form of these provides that in case of default in current payments during the first eighteen months, the purchaser shall forfeit all sums theretofore paid ”