Devils Lake inter-ocean. (Devils Lake, N.D.) 1909-1915, 1913-07-04


the confirmation of the commits
broadly to allege this, but in any
event all of his close advisors, includ-
ing Senator Talcott, whose appoint
ment he afterward secured as warden
of the penitentiary, and his private
secretary, Mr.. Foley, were most active
ly engaged in an endeavor to defeat
the confirmation of the commission
Offers were made to accept both of the
democrats on the commission if Pack
ards confirmation might be defeated.
The senate was progressive and stood
loyalty by the commission. al
No sooner had the commission been
confirmed than cry was raised that
they were not confirmed in time and
that the third Monday of January, in
Dictated in the law as the end Of the
time for confirmation of an appoint
ment by the governor to fill a vacancy
during recess of the legislature, was
not sufficient and that the commission
has ceased to exist before they were
confirmed. They also commended that
there was no appropriation other than
$4,000. State Auditor Jorgenson held
Ito this position in the face of the ad-
vice of the legal department of the
state. The tax commission placed the
issue squarely before the legislature
and introduced an amendment to
Chapter 303 of the 1911 Session Laws
amending the doubtful chapters to
such degree that they were clear even
to the befuddled intellect of the state
auditor. This measure passed the SEN
ate+with less than a dozen dissenting
votes and passed the house without
opposition. It was vetoed by the gov
ernor, who commended that a one man
tax commission suited him. This in
spite Of the fact that the platform
upon which he was elected declared
in favor of the present law and that
he himself had never said word
about one man commission until it.
became. apparent that the present
commission were to- be confirmed by
the senate. Moreover he had three
men selectedSlto fill the vacancies; in
/ the event of the failure of confrma-
ton of the present commission. Some
of these men were even on the ground
waiting to be sworn in. ',.:-:.: :.
On May LIST the $4,000 appropriation
for or. 1913 had become exhausted and
Jorgenson refused to issue, warrants
to the tax commissioner for the sal
aries of the tax commissioners for the
month of April. The same day writ
OF mandamus was obtained from the
supreme court, directing State Audi
tor Jorgenson to show cause on May
14th why he should not pay the com
missioners their salaries and why he
should not carry upon, his books their
various appropriations. The case was
argued on behalf of the commission
by Chairman Bird4ell. The commits
sion contended that each and every
item of Chapter 303 which provides
for the payment of salaries and ex-
penses was an appropriation of itself.
They were sustained by the decision
on every point. ~ . -g.,,.r :~i5-
The commission only asked the
legislature for $17,5OO annually. The
decision handed down by the supreme
court gives them $4,000 an
nually. Had Mr.. Jorgenson paid the
salaries of the commissioners out of
the general fund, as he was advised
to do by the attorney generals depart
l ment, the tax commission would have
worried along for two years with the
salaries of the commissioners and the
/ $4,000 appropriation rather than test
the law in the courts. 4 Mr.. Hanna's
veto, which he signed in the name Of
economy, increased the appropriation
to- the tax commission $14, 800 for the
biennial period; State Auditor Jorgen-
sons refusal to pay the salaries of
the commission May list, increased the
funds available to the commission $685.
/ 900 for the biennial period. Surely a
/ strangeg sort of economy b Ss &
There was no need for this resort
to the courts. The same question has
\ been passed upon repeatedly by the
supreme courts Of other states, and an
overwhelming weight OF authority was
Ion the side Of the tax commission. In
fact, the attorneys for the state audi
tor were unable to find any authority
for the position they assumed and fell
! back upon the contention that the
Estate Legislature created tax COM
mission to satisfy the people of the
Estate then resorted to the subterfage
1of putting such a Woodchuck in the
law that 1t would never be carried into
Ieffect The supreme court OF a orth
/ Dlakota refused to place such an in
Eterpretat ton upon he act Of the 1egis.
i iatsire, aking 1T for granted that when
they enact 3a law do no do itt In
THE spirit Of anton horse play
he recent decision ass .ga body
/ blow for tor 81 orgengon and
placed Governor Han a iii; ali 81 aaanviz
a Bile light Ssdscis on III as8 30 sweep
ing and such ii comp etc wind ication
dof ne tan com mission omE5eyery point
THAT "a places anna and sJ or4
itgenson III the undo sirabIe position of
il "a attemp I'd wipe out All I'm,