Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1888-01-14
A JUDICIAL DECISION.
Chief Justice Tripp ON the
Removal and Appoint-
Inent of Officera.
Opinion in the Dakota 4nsans Hes
pita! Quo Warranto Action.
(oontlnued from yes.erdax.l

| stsk WV 0tftu fttlhOtks
Continued from yesterday.)
Secondly-It IL further urged by the
plaintiff that the act under which the
executive claimed to remove these
trustees, does not confer such authority
In terms nor by fair lmplication. The
aoe is found in the laws OF 1887, chap.
IA, relating to public examiners. The
aet ID somewhat lengthy and need not be
gwen in full. Sections / and 2 provide for
the division OF the territory into two ex,.
aminer districts, and for the appoint
ment by the governor, with the advice
and consent os the council, Of the public
examiner in each district, and for his
removal by the governor for violation
OF duty. Sections and are ae follows:
Section 3, "It shal: be the duty of
SAID public examiners authorized and
empowered by this act, in their disare
zion to assume and exercise constant
supyision over the books and financial
accounts OF the several public, educa-
fional, charitable. penal and roformatory
institutions belonging to the territory
and within said examiners district.
Each examiner shall prescribe and en-
force correct methods OF keeping finau-
eial accounts OF said institutions, by
himself or duly appointed deputy and
instruct the proper officers thereof In the
due performance OF their duties concern.
ing the same. 1t shall be the examiners
dnty TO visit each OF the territorial inssi-
tutiens within his district, by himself or
duly appointed deputy, az irregular
periods, without preyious notice to the
shcers thereof, Of least twice gear, and
make an exhaustive examination of the
books and accounts thereof, including q
thorough inspection OF the purpose and
detailed items Of expenditure and the
vouchers therefor"
Section 4. ''It shall be the duty OF
the said examiners TO order and enforce
. correct and as far as practicable, nnl-
form system OF bookkeeping, by terri
torial and county treaaIrers and auditors
80 a. to afford suitable check upon
their mutual action, and insure the
thorough supervision end safety OF the
territorial ana county funds. They
shall have full authority TO expose false
and erroneous systens Of aoconnting !.
srH -asa necessary, instruct or cause to
be instructed territorial and county
officers in the proper mode OF keeping
the same, It shall be their duty TO
ascertain the character and financial
standing OF ell present and proposed
bondsmen OF territorial and county Of
ficers within their districts. Each ex-
amtnes shall require OF county treasuEers
within his district, from time to time, as
often as he shall deem necessary, a
verified statement OF their accounts,
and he shall personally or by duly APP
pointed deputy, visit SAID cfioes without
previous notice to such treasussrs OF
irregular periods OF at least once year,
or when requested by any board Of
county commissioners, and make q
thorough examination OF the books, go
counts and vouchers Of such officers,
ascertaining in detail the various itema
of recelpts and expenditures; and it
shall be his duty to inepect and verify
the character and amonnt OF, any and ali
assets and securities held by said oiEcers
IN public account, and to ascertain the
character and amount OF any commits
slons, percentages, or charges Tor ser
vices exacted by such officers without
warrant of ley. Each examiner shall
report to the attorney general the re.
fussl or neglect of county officers te
obey his instructions, and II shall be she
duty of the said attorney general ia
promptly take action to enforce COM
plisnce herewith. The said examiner
shall report to the governor the result oi
his examination, which shall bs filed in
the executive office. ae well as any failure
Of duty by finsaoial officers, as often as
he thinks required by public interests,
and the governor may caase the resnlts
ofsnch examinations 70 be published, OF
as. his discretion, TO take such action foI
the pnblic secugity as the exiaency may
demand land II he shonld deem the pub.
iio interests to vrequlre, he may suspend
any such officer from further
performance OF dzty until an
examination be had or suoh security
obtained 20 may be demanded for the
prompt protection OF the public funds
Sec. B provides Tor the examination o!
banking and other private monied cor.
po~ations and the remaining sections oil
the sot provide the procedure and
means OF obtaining testimony at the
examinations and preacribes penalties
for disobedisnce etc.
The act itself is unique and establishes
q complete system of ofsuperyision over che
public institutions OF she territory, and
OF its financial agents. Sections 8 aud .
above quoted coEtain all the powers ot
the examiners, except the last secsion oi
the act which provides that il shall b,
tho duty OF the attorney general to assis
the examiners when called upon by theu
TO do 80. The portion OF tho act reliet
| upon by the executive as provided 10,
removal is at ehe close OF section 4 ane
fisicontained in the words. aAnd ths
governor may canse the results OF such
examination to be published, or. at isi
discretion to take tuch action for th,
publ:c secn-ity as the exie ncy may de
mand. The piaintifi contends.
| !. That these words apply only K
section and not to section 8.
C2. That the words do not give amy
power Of removal TO the governor. Il
the construction OF statutes the entir,
act will be taken together, and lsucl
nlsaning will be given 30 II. as from th'
iature intended 1t to have. In looking
Of section three, IL will be observed tha
the examiner 10 given SO constant super
vision Oyer the books and Angncia
accounts" Of this asylum, and 40
least twice year he in required /,
make an exhauatiye examination
OF the books and ACCOUNT
hereofincluding thorough inspection
lof tho pnrposen and detailed Items o
Expenditure and the vouchers thereof.
Here tho section closee; no provision i
made ~ to what is to be done with th
results OF such examination, but in cal
tion four after detailing the examiner
powsfs over the territorial and count,
auditors and tree6uref6. ID ia provi5e,