(concurring specially).
I agree with the result reached by the majority in finding that the levy is not a continuing levy, and, if properly authorized by the election was effective for one year only.
However, I am of the opinion that the question of the excess levy was not properly submitted to the electors for the reason that the increase was stated in terms of mills instead of in terms of amounts of money or in terms of specified dollars as required by Sections 57-17-03 and 57-17-04, N.D.C.C., as made applicable to park districts by Sections 57-15-01 and 40-49-18, N.D.C.C.
In the case of all written laws it is the intent of the lawgiver that is to be enforced, but this intent is to be found in the instrument itself. The whole instrument is to be examined. Every such instrument is adopted as a whole, and a clause which, standing by itself, might seem of doubtful import, may yet be made plain by comparison with other clauses or portions of the same law. It is therefore a very proper rule of construction that the whole is to be examined with a view to arriving at the true intention of each part. The rule is that effect is to be given, if possible, to the whole instrument, and to every section and clause. If different portions seem to conflict, the courts must harmonize them, if practicable, and must lean in favor of a construction which will render every word operative, rather than one which may make some words idle and nugatory. State v. Robinson, 35 N.D. 410, 160 N.W. 512, 516 (1916).
As I would hold the excess levy invalid for the reason that the issue was not properly submitted to the electors, it would not be necessary to consider the question whether the excess levy was perpetual.