The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-05-06
Will APPEAL The
HAIL DECISION
COMMENDED THAT NUESSLE's
FINDINGS DO NOT ANSWER THE
QUESTIONING INTENTION OF
TRYING TO KNOCK OUT LAW
CREATING DEPARTMENT..

There will be an, appeal to the su-
preme court in the case involving the
method of paying hail department
warrants, which question vas raised
in a friendly suit between Gunder OIL
son, state treasurer, and Carl O. Jor-
censor, state auditor. s
1t has been made to appear that Mr..
Jorgenson was attempting to knock
out the hail law. a Bismarck news
paper correspondent, politically oppos-
ed to Mr.. ~Jorgenson, being responsible
for stories to that effect.
This question was raised wholly for
one reason, and that was, to settle the
question Of whether Mr.. Jorgensori
was to recognize Mr.. Gi1breath's
checks or not. Mr.. 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. Gill
breath should issue his W warrants
for the hail insurance of the farmers
of the state. Mr., Gilbreath objected,
and Mr.. Jorgenson, who was at that
time deputy auditor and auditor elect,
objected also. After January when
Mr.. J~orgenson became auditor. he took
the matter up with State Treas. Gum
der Olson, who felt that he was not
certain in the matter, and it was
agreed between him N Mr.. Jorgen-
son that they start a friendly suit to
have the matter settled This was
done. =
The matter was taken UP before
judge Nuessle of the district court,
and a decision was finally rendered.
No n seemed to know anything about
1T till the decision was made the next
day.
~Jorsenson 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 |, as state auditor, am the
only one who has a right to issue war
rants on the state treasurer or not.
1t was eve considered that there was
any other officer who had the atthori-
ty of law to do SO Until last year, when
Governor Burke and Attorney Gener-
al Miller, who dominated the board of
auditors, ordered Mr.. Gilbreath to- act
against his and my convictions. i shah
not pay the warrants till have tried
the matter in the higher court and get
the point which j have raised settled.
| notice that some newspaper corre-
~spondent from Bismarck lis busy send
ing out the report that I am trying to
knock out the farmers, hail insurance
law. but this is not the case.
just Matter of Law.
feThe money for the farmers has
been paid them, and the law is all
right, though I think could be made
more proficient, and 1 am not object
ing to il. All in the matter which is III
my mind is to know whether 4 have a
right to recognize any voucher OF any
kind which is not drawn through this
office. The law says in the plainest
English that no n shall draw war
rants but the auditor, and liz I am here
for the purpose Of playing the part of
watchdog of the treasury, and have
but one law to go by then an 1 to be
sidetracked by the board of auditors
or n other source OF aathoritg229 /
want the highest court of the state to
give me the guarantee to. go ahead. /
fail to see where there is anything to
hinder every officer tn the capitol from
issuing his checks ON the treasurer for