Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-01-07
.G0V'R bURkE'S MESSAGE.


~." f. .$ Il. . .ss --- - - -
T. @@@E Continued from page g. ~..4.s .>~"
office be placed ballot separate from the names
of other candidates and without party designation, ana
those receiving the highest number of votes to the number
of those to be elected be placed the ballot at the gen
Under the present law the supreme court sits in Bis
arck Fargo and Grand Forks AT each term OF court
before the court decide them all the oral arguments
are forgotten The should be located permanently
at the capital The court can ten under its own rues set
few cases argument notify the attorneys Of the
specve parties and hen while the arguments Of the at
tornes fresh n the minds of the judges, the cases
can be decided the opinion written and new batch OF
cases noticed for trial In this way the court could keep
abreast of its work and reap the full benefit of the oral ar
gumens.
Under section Of the constitution the executive power
of the state vested in the governor and he is commanded
by section IS of the constitution to take care that the laws
be faithfully executed These idle words in the con-
stitution They something; and it they mean any
thing they that the executive power shall be in fact
vested the governor and that the legislative assembly
the mandate of the constitution to ''take care that
the laws be faithfully executed In other words
such legislation as Viii give effect to the constitu
tion This obligation is implied, but not obliged
to rely the for it !: also expressed Sec
all laws necessary to into effect the provisions OF
this constitution This is mandatory provision of the
constitution, but not obliged to rely the Ian
not for section 81 says that the provisions of this con-
situton mandatory and prohbitory unless by
words they declared to be otherwise 1t follows then
that the legislative assembly must pass all laws
to carry into effect the provisions of the constitution
One Of the provisions of the constitution u.s. The ex
ecutive power shall be vested in the governor Another
is: 1tHe shall take that the laws be faithfully ex
ecuted The legislature must therefore, pass such legs
aon will enable the governor to take care that the laws
be faithfully executed
There general impression that the governor has this
power Every day there letters coming the executive
4l>1o hor<
certain parts Of the state and requesting the governor to
enforce the laws During term Of Office great por
ton Of time has been employed in trying to enforce the
laws of the state and know from experience how made
quae the present law is in giving force and effect to the
constitutional provisions to which have called your atten
ton. " I@zz%s2 %'
The only legislation there is the subject is found in
chapter the political CODE section sc and section 1851
revised codes Of 1905 Under section &c. The governor
teral officers Second he is to that all Offices filed
and the duties thereof performed in default thereof
ply such remedies the law allows If the remedy is i'm
perfect acquain the legislative assembly Herewith at it's
next session. Under the circumstances, the only thing
"acquain the legislative assembly, for the law
provides remedy. .E%
If undertake to s'supervse the official conduct of ex
ecutive and ministerial officers provided in subdvi
sion section &c. attention is paid to recomnenda
fcers The only thing the law permits to do to carry
out the provisions Of subdivision g. section g. Wis He
he goyerno1 is to see that all Offices are filed and the
duty and enforce the law they refuse there is remedy
except notify the states attorney the attorney general
to bring action for their removal If the states at
torney and the attorney general refuse the governor
go further He cannot act himself He only act
through the officers provided by law, and thus the
ecutve power to be in the and the
stitutonal provisions imperative. @#S
You enon the governor with the duty Of supervising the
official conduct Of executive and ministerial officers and
command him to that they perform the duties Of their
Offices and there you stop far the executive is
cerned There might be implied power in the governor to
officers had not expressly given this power to
the
of supervision and Of seeing that a6cers perform their
duties he should be given the to compel them to
form their duties them from Office In fact he
must be given this power effect to be given to sections
II and as Of the constitution. #@= E#
Section 1877 Of the constitution gives yon the absolute
to provide for the removal Of all officers not sub
governor state officers and judges Of the supreme court and
district courts $TSsS*S ASA #$ 54ss III