The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1913-05-05
Will APPEAL THE
HAIL DECISION
Commended That Nuessle's
Findings Do Not Answer
the Question.
JORGENsON HAS
MADE
No Intention Of Trying to
Knock Out the Law Gre
ating Department.

There will be an appeal to the SUI
preme court in the case Involving the
method of paying hail department
warrants, which, question was raised
IN a friendly suit between Gunder Oh
son, state treasurer, and Carl O. Tor.
censor. state auditor.
1t has been made to appear that Mr..
Jorgenson was attempting to knock
out the hail law, a Bismarck news
paper correspondents politically OPP
posed to MI. Jorgenson. being respon-
.stble Tor stories to that effect.
This question was raised wholly for
n reason, and that was, to settle
the question Of whether Mr.. Jorgen-
son was to recognize Mfr. Gilbreath's
checks or not: MI. Gilbreath did not
want to issue them. He insisted that
he had no authority to do so, and in
1911 the auditor issued the hail checks
at the order Of the auditing board.
In 1912, when the question arose, the
auditing board insisted that Mr.. Gil
breath should issue his own warrants
for the hail insurance Of the farmers
Of the state. Mr.. Gilbreath objected.
and Mr.. ~Jorgenson. who was at that
objected also. After, January when
Mfr ~Jorgenson became auditor. he
took the matter up with State Treas
urer Gunder Olson, who felt that he
was not certain in the matter. and 1t
was agreed between him and Mr.. Jor-
censor that they start a friendly suit
to nave h matter settled. This was
done.
The matter was taken before Judge
Nuessle of the district court, and a
decision was finally rendered. No one
seemed to know anything about 1t till
the decision was made the next day.
J~orgenson Makes Statement.
Mr.. Jorgenson made the following
statement concerning the case:
THE decision Of the court settles
nothing in the case and Is simply an
order for me to pay the warrants. and
/ shall appeal on the question of
whether 1. as state auditor, am the
only n who has a right to issue war
rants on the state treasurer or not.
1t was considered that there
authority Of law to do SO until last
year. when Governor Burke and At
torney General Miller. who dominat-
ed the board of auditors. ordered Mr..
Gilbreath to act against his and my
convictions. 1 shall not pay the war
rants till I have tried the matter in
the higher court and get the point
which I have raised settled. / notice
that some newspaper correspondent
- ONCy oSAAAiAA5 OaS
the report that I am trying to knock
out the farmers hail insurance law,
but this. is not the case.
Just Matter Of Law.
1.-The money for the farmers has
right. though I think could be made
more proficient, and I am no object
ing to it. All in the matter which
is in my mind is to know whether l
have a right to recognize any voucher
of any kind which Is not drawn
through this Office. The law a in
the plainest English that nc shall
draw warrants but the auditor, and II
/ am here for the purpose Of playing
and have but one law to go by. then
am I to be sidetracked by the board
Of auditors or any other source Of au.
thority, I want the highest court of
the state to give me h guarantee to
go ahead. I fail to see where there is
ANYTHING to hinder every officer in the
capitol from issuing his checks on the
der of the district. court is to be taken
as a criterion to go by. All I want
Is to know where I am at. and that is
(. all Mr.. Olson wants to know"
What IL merely a molehill is trying
to be magnified into a mountain by
the enemies of the administration.
There is nothing wrong in the least;
simply a misconstruction Of the law
between two. prominent officers of
theerstate, and it was necessary for
them to bring an action in court. in
order. to get the matter settled right.
It matters not to these gentlemen
which way it goes. only they want
some authoritative statement as to
where they are at. Mr.. Olson. and
Mr.. Jorgehson are the best of friends,
very conservative and good men FOR
the state in their respective capaci-
ties, and this point Is simply a pri-
waite matter between them for the