Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-05-04

has no authority the statute de-
salary the states attorney when ne
under disability, physical or mena
unable perform his duties but the
constuonay declare that the
should the arbitrary authority to deduct from the
salary attorney official misconduct or
At exact by pae order
serious matter to charge officer with
officer be sub
jecte discipline penalty civil criminal for misconduct
Office until has had opportunity to defend himself before court
competent the fact
cedng relator acted in bad faith in
Quer and if it fact that he
to prosecute
confer the district
deduction to be made from the
REALTORS salary" particular atten
have endeavod present
constitutional office created
when the constitution provides salary
when provides the salary
Bennett State decided by the
court of Dakota
legislature had fixed the
being that the legislature had granted to It, had
exhausted power
opinion written
said awmaker has declared and
think could not contutonaly declare
salary states attorney
And it urged this court that
the legislature has not the power to declare that the auditor
whether the courts
duty and they guilty of official misconduct
these autho
by the language used
that the legislative limited to that given
limitations of
district
~ and That heinz the case then these certificates are
naugh and there ofense
them There for the sign
ing refused to them and the
should sign them long And far the adav
called statute There
certificates there
which remain undecided for the times spec
fled by the statute ot the are o ne
satue they urpusage they
onene committed by their
filing connection with these delayed cases there is decision from
of that state the matter of
the that is not submitted until
everything
statute reads THAT he has to submit his de-
ciyion
the attorneys do
something and the other attorney Objects
without
where there objection and there isn't
beginning the end of these 40 specified
shows there was an oo)econ 10 any delay IN any
delayed beyond the time fixed by
that without objection
presumption will be INDUCED that the delay was the result
suggested that members
might that they bound by the act the egisla
onsuionty and that wasn't
whether law unconstitutional not 1t
when question before it
whether constitutional You
this There higher
You are absolute in
oath the
while that there is another mat
ter want to refer to- The oath taken by the judge
from oath been referred to and
John Cowan had taken
his oath Of office and had violated that OATH Let me read you
Let YOU will the
the constitution Of the state Of
faithfully discharge the duties of the office
according ability You not called in the
support excepting far they
constitution,
enacted by legislative
opposed constitution they in conflict with the
oath is support the constitution
which means that which
should wipe out the oath
constitution and this law is uncons
ignore that
called
specifications There case want to call to your at
occasionally overlooking something This
decided by the court of Ten
1861 wanted
only In speaking the Judges they
the chanc circuit and criminal
created by general assembly
officers elected commissioned for state
wholly and entirely
eral assembly, passing