Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-12-11
Communicated

Dear Sir:
Will you kindly publish the ell
closed communication in tomorrow
mornings issue OF your paper.
, Yours Truly,
EDN. G PATTERSON.
December 10, 1910.
"COMMU NiCATED"
TO The Honorable,
Patrick Emperor Byrne,
Political Manager, Democratic
Oracle and Official Mouthpiecf
Of the State Executives:
read with pleasure your article il
yesterday mornings Tribune, con
demning myself and other officials
and citizens in connection with the
appointment of a member of the
Board of County Commissioners, in re-
Spouse to the will of the petitioners
and voters as expressed at the polls
for an increase f/om three to five.
You are again using your usual sur
plus steam in the pretended interest
of the public. Your article, of course
consisted largely in the vaporing OF
an over-worked political brain, ap'
pearing as usual in the roll OF pollt-
ical censor and dictator Of the CON-
munity. impuning Interior motives to
others, because they do not happen
to agree with you politically.
We are sorry now, we did not con-
suit your Royal Highness as the self
appointed political poobah who looks
after the interests of the people of
Burleigh county, because we find we
have again offended your sensitive
political conscience.
But, we had reason to think when
taking the action We did, that you
would overlook this little matter OF
political ethics, in view OF the fact
that it would be presumed that your
duties would keep you reasonably oc-
cupied as Private Secretary at $4,000
per year and in writing up of fire in
surance in your agency on the state
capitol, penitentiary, and other state
institutions and in drawing your wal
rant for same, and the time and at
tention given your private abstract
business, without acquiring from the
public the name of "grafter,'' which
the public we'll knows is mighty re-
pugnant to your attitude and position
as a Simon Pure Reformer and your
we'll defined idea of divorcing polit-
ical influence from business in state
affairs I.et the angels weep.
We find you still willing and ready
to attend to other peoples business,
and still looking after the tax payers
affairs. l would never for a moment
suggest that you were simply schen-
ing and working Democratic politics.
or that you probably had your we'll
trained and eagle eye for pap" on
still more 'pap' for your private bust
ness institutions, which might have
been beneficiary. had you. your
way. Perish the thoughtD
Are the people to assume that you
are sore because you were out-gen-
eralled and the real reason for your
peevishness because your political
plans, incubated in your fertile brain
were frustrated. viz of doing what
the present board has done in this
case. after your Democratic brethren
had cOngregated and taken office.
Were you not taken by surprise and
beaten to it? You condemn the ap-
pointment of a county commissioner
under the existing circumstances and
yell, SHADY DEAL" Piece of political
jobbery! Game of film flam! A coterie
of political jobbers!
but listen" we assume because
you have said so, and because you
are the beneficiary at $4,000 a year
with perquisites and etc., at his hands
that the Hon. John Burke is above sus-
picion, like Caesars wife That his
motives are always pure, that he
never descends to political trick.
that he always interprets the laws in
the interests of the public, without
any political advantage to the Demo
cratic party. That being the case, Col.
Byrne, you having assigned Interior
motives to the county appointing
board, how did it come that Governor
Burke made the appointment of al
Democratic judge in the Ninth Judi
cial District
What motive prompted Governor
Burke presumably good lawyer) to
make this appointment of a Demo-
cratic district judge in July 1907, in
view of the fact that the law provid-
ing for the creation of the Ninth
judicial district. Chapter 161. laws of
1907 Section 4, reads as follows:
(Judge when chosen) There shall
be chosen judge of the district court
for the Ninth Judicial District at the
general election to be held in Novem-
Der 1908, and thereafter as provided
by law.
Maybe you can answer Pat
This appointment was knocked out
ny a decision of our Supreme Court
IN an opinion by Judge Morgan, in the
opinion the judge stated that it would
be necessary to resort to the legisla-
tive Journals to find out the intent
OF the legislature, as to whether the
appointment could be made to hold
until the general election in 1908. Up
on investigation it was found that the
original bill before the legislature pro-
vlded for the appointment of a Judge
by the governor, to hold until the
general election in 1908. This was
before the legislature pass
ed the bill which demonstrated plain |
ly that it was the intent of the legis- |
lature that the governor could not
appoint in the Interim between July
LIST. 1907 and the general election in