The Bottineau courant. (Bottineau, Bottineau County, N.D.) 1895-1929, 1910-02-11
.sT0ckWELL. SER IN COURT.
Judge Templsiea Decides that Sems
$6,l 90 Is Due from Reformer.

Judge TsmpIsisa Decides that Sems
$6,t LOO Is Due from Rsfsrmer.
Grand Forks Herald: One.
of the most interesting cases in
the history of North Dakota
was ended yesterday morning,
when Judge G. F. Templeton
handed decision for the state
in the case against w. l..
Stockwell, state superintend-
ent Of public instruction, COM
pelling him to pay over to the
state treasurer some So, GOO,
which amount covers fees aris-
ing from his office during al
period of several years. Judge
Templeton held that section 81 of
the North Dakota state consti-
tuition was self-executing. Fol
lowing is the section on which
the judge based his decisions:
Until otherwise provided by
law, the governor shall receive
an annual salary of three thou
sand dollors; the lieutenant gov
ernor shall receive an annual
salary of one Thousand dollars;
the secretary of the state, aud
itor, treasurer, superintendent
of public instruction, commits
sioners of insurance, commits
sioners of railroads and attorney
general shall each receive an
annual salary of two thousand
dollars; the salary of the com
missioner of agriculture and
labor shall be as prescribed by
law, but the salaries of any of
the said officers shall not be in
creased or diminished during
the period for which they shall
have been elected, and all. fees
and profits arising from any
of the said offices shall be
covered into the state treasury"
About a year ago, when the
state Legislature was in session,
an investigation ofpenitentiary
affairs was begun. This led to,
an investigation of all the state
officers, with the result that
approximately $4,000, Of fees
arising in the Office of the state
superintendent of Instruction
had been used by w. L. Stock
well, the superintendent, for
various Office expenses. Act
ing under instructions, Attorn-
ey General Miller brought suit
against Mr.. Stockwell to recover
the amount.
The case was argued in dis
trict court before Judge
Templeton over week ago.
The defense based it's case upon
two different sections in the
North Dakota code, telling
how the money obtained from
teachers certificates should be
expended. In section 872. the
superintendent of public in
struction is required to receive
fee of five dollars from each
applicant for a life certificate,
a fee of three dollars for state
certificate of the first or second
class, and a fee Of two
dollars from each applicant for
a special certificate, which fee
shall be used by him to aid in
the establishment and main
tenance Of teachers reading
circles and in the professions
alizing Of teaching in the state |
in such other ways as he may
deem advisable" This latter
clause is one of the contentious
on which the defense based it's |
claim. The other main con-
tention of the defense was
found in section 876, governing /
the fee Of two dollars required
from an applicant for a county
certificate. One dollar Of this
fee is supposed to go to the
county teachers institute fund,
while the law says other dollar
shall be used by the superin-
tendent of public instruction
for such clerical assistance as
he may deem necessary and
competent for the reading of
teachers answer papers and
work connected therewith."
The case has attracted a
great deal Of interest through
out the state, specially among
the state and county officials
When the case was argued be-
fore the court, several discus
sions of points of law came up
and numerous dep ositions ofl
testimony read, the majority
for the defense tending to show /
that twas the intention of thei
committee that framed the