Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-05-04
PRE.EMP1ORY WRIT
Continued From Page One.)

the matter, and it was agreed be
tween him and Mr.. Jorgenson that
they start a friendly suit to have the
matter settled. This was done.
The matter was taken before Judge
Nuesslc OF the district court, and a
decision was finally rendered on the
30th. No onc seemed to know any
thing about it till the decision was
90 the next day. Judge Nuessle was
out of town and could not be com
municated with. The next day being
reported in the CourierNews OF Far
Ar5or Day, there was no chance for
legal process and it was not till the
morning OF the Sd, which a Satur-
day, that the peremptory writ of
Janus was served on State Auditor
Jorgenson. Up to this moment Meth
err Mr.. %Jorgenson, Mr.. Olson o their
attorneys knew what had occurred
in the district court, which is an un-
usual proceeding.
Mr.. ~Jorgenson, seen last night,
said:
"The decision of the court settles
nothing in the case and is simply an
order for me to pay the warrants, and
I shall appeal on the question Of
whether !, as state auditor, am the
only one who has a right to issue war
rants On the state treasurer or not.
1t was never considered that there
was any other officer who had the
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. | shall not pay the war
rants till | have tried the matter in
the higher court and get the point
which | have raised settled. ! notice
that some newspaper correspondent
from Bismarck is busy sending out
the report that | am trying to knock
out the farmers hail insurance law,
nut this IS not the case. The money
for the farmers has been paid them,
II the law is all right, though |
think could be made more proficient,
and | am not Directing to it. All in
the matter which is in my mind is
to know whether | have a right to rec
ognize any voucher of any kind which
is not drawn through this Office. The
law says in the plainest of English
that NO ONE shall draw warrants
but the auditor, and if l am here for
the purpose OF playing the part of the
watch dog of the treasury, and have
put one law to go by, then am to be
sldetracked by the board Of auditors
or any other source of authority, |
want the highest court of the state
to give me the guarantee to 90 ahead.
! fail to G where there is anything
to hinder every officer in the capitol
from issuing his checks on the treas
nrcr for most anything if this order
of the district court is to be taken as
a criterion to go by. All | want is
to know where | an at, and that is
all Mr.. Olson wants to know"
what is merely a molehill is trying
to be magnitied into a mountain by
the enemies of the ad administration,
there is nothing wrong in the least;
SIMPLY a ,nlsconstruction of the law
between two prominent officers OF
state, and it was necessary for them
TO bring an action in court in order
get the matter settled right.
'halIclS nOL TO these gentle
men which way it goes, only they
want some authoritative statement as
10 where they are at. Mr.. Olson and
VII. JorgensOn are the best of friends,
very conservative and good men for
the state N their respective capaci.
Ties, and this point is simply a pri.
Vate matter between them for the
purpose of public safety. The inter
ference OF %ousybody trouble makers is
the only disturbing feature in the
matter. -
The action has also involved E
question OF the constitutionality O
the nail insurance law, which is quite
i~ar'reachlng in its effect, though
Messrs. Olson and %Jorgenson are moi
interested in this phase.