Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-05-04
TRACY BANGS Mares AN ELOQUENT PLEA
Continued from 81

such regularly elected officers during pleasure the enforcement
missioner.
mower to do this? dspong be
dcsiray seeming necessity tor such law or by
which might be obtained hereunder 1t Tar more
important that the integrity OF the '',S'"o" so "
impaired any however desirable which conflicts Herewith
should upheld Whether the laws adequate or whether some
other remedy for the evil sought to Dc reache by inc " " qe may
lawfully provided the legislative department of the state not material
We the law in question the light OF the
constitution sustained constitutional exercise OF the
legislative power by the people their sovereign capacity to
the legislative assembly, solemn duty to sustain it, but IT, in Our
Judgment clearly voivc of the constitution we should not
the duty of ponoucng the same unconstitutional and
be eievdcn proposition that the legislative as
semv had the question: then they had the
go provide special enforcement officers should have
the dpacc said officers Not only this
but they had still and provide for the appointment
special central authority perform all duties pertaining
lieu of the regularly elected
county provided for the constitution and thus Illustrate to this
evident of the trainers OF the constitution providing tor
people each county of officers for the performance
By of the act question:
the enforcement appomtec of the
whenever judgement thinks advisable appoint
number OF ocaled hcf the state with
consulting wishes the citizens of such and against
their appointed officials clothed with all the and
enforcement of the prohibition law possessed by the
sheriff whom the people nave by n exercise u 'e" sovereign '
press shall elected by them The is with reference
the performance of their duties the legislative
assembly this why has the provide
appointment special enforce
general special enforcement cou The governor at
torney general judges constitutional officers than
by people, reserved themselves the right to have the in
pertaining said Offices discharged only by
persons provided The naming these officers amounted
legislative authority other appontve
discharge of such functions If this then Of
what avail provisions Of the constitution above referred to- If
these constitutional Offices stripped OF portion OF the inherent nc
stripped OF all such functions and the
newly created apponve officers and the will of the trainers
thereby The officers
might discharge the officers provided for
material If these latter officers fail discharge
their duties provide perform
delegated the legislative assembly, provide
for their removal from office, as has been done"
They these constitutional officers Of their functions because
when they named the constitution they placed there with certain
mowers that are inherent in those offices and thew NAV continue to oorm
those duties that the hem unless the constitution itself makes
restrictions enges limits the inherent that they have
they strip the functions then tell please,
how can they strip them of the salary?
Mr. Martin
That the Senate take for ten minutes
Which prevailed, and
The Senate for Ell minutes
Having pursuant taken, Mr. Tracy Bangs
Mr. President and Senators: To take up where we left the discus
the Ex Parte Coi decided by want
read a little you from the opinion of the court
is relied upon upodg this
the officers and prescribing that
shall elected the of the further provides that their
shall prescribed by and argued that under the
prescribe such Duties the legislative assembly take them
portion thereof confer them other officers elected the
done by the act question Such
logical and result would the monstrous
nothing and notwithstanding
provisions legislative assembly that the duties pertaining
discharged appointed
prescribed The does pupor prescribe the
of these constitutional officers, but other
elected perform such duties and this
plant these constitutional officers Such legislation opinion,
be sustained 1t strikes blow the foundation principles of
of During the history Of this Chief Justice
Corls State rel Fause Harris N. 1884, As n W. 1902
distinction between Offices
those created by the legislative assembly Speaking the latter kind of
Office The office mbedded
with respect to the offices named section l'3 Of the constitution
These constitutional Offices The other Offices including that
Offices which, under the of l73 the
legislature abolish by creating other Offices take
the had under consideration the the legislature abolish
the old office and the duties district
held of
Embedded in the constitution
valid.
of
mbdded the
inherently
the constitution
power