Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-03-05
MANY OFFICERS have
FAILED 10fIlE BONDS
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Of quo w%nrranto. or other legal declara
ton that the office is thereby vacated
The contrary view Is however support
ed by the leading cases in California.
Kansas. Florida and Virginia. which
hold in constituting n statute similar to
ours, that 1t Is mandatory and not dir
ectory, and that the failure Of the officer
to comply with the law as TO filing his
oath and bond within Il liked period Of
time ipso facto ~iorfeits the office and
that an appointm mt nay be made with
nut any custer proceedings having been
instituted. In the case Of State OF WASH
! igton. eX rel. +. II. Lysons. .Appt. VS..
G. c. Run, respondent, the Supreme
Court Of Washington. in constituting a
statue practically identical with Section
1929. Il. G. 1905, intimate in the following
language that had the State Of Washing
ton on its statute hooks such as Section
4lS. K. G. 1905. 1t would he Il strong ar
gumcnt in favor OF Il mandatory construc-
ton.
III the lesisla lure had provided in n
single section that a person must quail
iy within fifteen days and that ii he
did not do so, his office should be va
ant, there would be much greater force
in the argument of the relatOr han un-
der ne law as it stands
There is also a strong dissenting opin-
ion in this case written by Judge DUN
bar. which holds that a similar section
to 1922, Il. c. of 1905. is mandatory and
sclf~-eXecuting.
Recommendations.
With reference to the failure of the
foregoing officers to comply with the di-
%rcctions Of the law. we can find no more
suitable words than the following quoted
from the opinion of Judge lumbar Of the
state Of Washington, in Book l6, l.. Z.
A., page l4j:
"Officcrs are elected not for the bcne-
lt Of individuals. but for the benefit Of
the community, and If m officer Is so
careless of the requirements Of the law
under which he is elected that he ne
elects to qualify, it is a fair indication
that he will be neglcctful in the trans
action of the duties of his %officc.'
We further find from our examination
in this matter that some of the state
officials have grossly neglected to COM
ply wieh the law regarding the filing of
their bonds and .Oaths of office; also
That the state Auditor has neglected
his duty in issuing warrants for salary
to state officialse when he had no posi-
tive proof thai they had qualified for
office according to law: also
That the present Secretary of State
has accepted for filing bonds Of official
according to the affidavit Of the Deputy
Secretary Of state that were not prop
erly approved as per the record indicated
on said bond, and that former Secretary
of State has been negligent as to delay
in turning over bonds to the State
Treasurer for filing, and also accepting
bond for record that was very irregular
and which did not comply with the law.
We will further say that the present
Secretary of State has greatly assisted
us in making this examination n chat
already he has ~inaugurated improved
mcthods. as to the keeping of records in
his office with reference to this matter.
We will further call your attention to
Section Sc, X. c.. for 1905. which provides:
THAT the governor is to supervise the
y u VI All tSSSulISt tliII IIIII
istcrial officers, and to see tina ar of.
fees are filled and the duties thereof
performed. or in default thereof. apply
such remedies as the law allo":."
Un1er this section. 1t appears to be
the duty OF the governor to ascertain
these facts through the state Examiners
Department. and we would recommend
that the governor direct the State FIX
aminer to report on these ~delinQuencics
when making the examination OF the
Secretary Of States office and If dclin-
Qucncies are discovered, that he, under
his authority. institute custer proceed
ings against any officer that fails to quail
fly as provided by law.
Your committee has had insufficient
time to examine the deficiencies and ir-
reguIarities covering the whole period
which was provided in the resolution
with respect to the filing Of oaths and
official bonds by state officials, there
fore the muteers covered in this report
date only from January LIST. 1911.
The Silver Service Balance.
The committee on appropriations
failed to approve OF the %senate's
measure providing that the balance
of the silver service fund for the
states gift to the battleship North Da.
kota be appropriated by the state leg
islature. The committees objections
we're Of a constitutional nature, and
it was shown that such appropriation
could not be made strictly within the
OF the law.
Many Bills Are Passed.
The house put in an exceptionally
busy afternoon, and many house and
senate bills were placed upon third
reading and final passage, while a
long list of general orders received at
tention.
'''. Morality Bill Killed.
Representative Lambert's DILL,
which, he contended, established a
single standard of morals for men
and women In North Dakota, was kill.