Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-03-23

IL.
2SS, an act to amend section 434 of the
Revised Codes of the state Of North
Dakota for 1905, relating to the APP
pointment of deputies and bailiffs,
without my approval, for the reason
that the present law gives the judges
Of the district court the power to APP
point baillffs. and this amendment
would take the appointing power out
Of the hands Of the district Judge and
place it in the hands of the sheriff of
each county. This in my judgment
would be a serious mistake, for the
reason that the judge of the court
should have the power to appoint the
officers and bailiffs Of his court. The
judge is in charge Of the court. The
sheriff himself is only an officer.
AS matter Of law, I do not be-!
+ lieve that the legislative assembly can
take from court the inherent power
=
to place officers in charge Of juries
who try cases in the court, but IL the
Legislative assembly has this power, 1t
is very unwise to exercise it, and in
my Judgment would not be in the in
terests Of justice. Therefore I with
hold my approval. .
Attaching Unorganized Territory.
March 20, 1907
To the Secretary of State, III
Bismarck, N. D.
i return you herewith senate bill
No. 321, being an act entitled An act
to provide for changing county lines
Of organized counties to contain I'M
organized territory without my APP
prevail, for the reason that this bill
provides that 100 residents living in
any unorganized territory may petit
tion the county commissioner Of an
organized county to be attached to
such organized county, and may in
clude in the. petition thirty congress
sional townships.
| THE one hundred petitioners may
live all in one township, and by this
petitioning tie up and control thirty
townships. This provision, / think
would be unjust, and / therefore return
this bill without my approval. z
1 Appeals to Supreme Court.
March %, 1907. Z.
To the Secretary of State,
Bismarck, N. d.
81 return you herewith senate bill
/ No. 33, being an act entitled An acl
to regulate the prarctice in appellate
courts as to the review of errors com
/ mitted by trial courts in ruling upor
/ demurrers to pleading, without my
approval, for the reason that undel
the law as it is at the present time
1 any demurrers which goes to the sub
stance of the plaintiffs cause OF actor
or to the substance Of any indictment
against defendant in a criminal &C
ton may be always taken advantag,
Of on appeal, and this in my iudgmen
i is as far as the law should 60. If thi
4 law should become operative, demul
rers to formal matters might be takel
/ advantage of on appeal, the same a
u demurrers that go to the substance 0
4 the plaintiffs cause of action or tn
i substance Of the charge against tn,
defendant in a criminal action, ant
no matter how strong the evidence il
a case or how rightful the verdict, up
on the facts, it would be necessary fol
the supreme court to send the case
back if the complaint or indictmen
was vulnerable to demurrer in The
mere matter Of form, and the result
would be that a new trial would in
crease the expense and cost without
any change in final result
! Will Veto. Experiment Station Items.
! The governor will today veto abou
$4,000 Of the items for the Dickinson
Fexperiment station, leaving abou
/ $4,000 appropriated for the station
He will also veto senate bill 159, which
creates a. normal department at tht
industrial school at Glendale.
CITY AUDITORS NOTICE.
4 Notice is hereby given that the fol