Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1914-01-21
HOW DID DID CARMODY
GET ON? II.
Continued Fro.n rage One.)

Continued rro:s rage One.)
"Words and Phrases Judicially De.
fined,' and to the following decisions
under the subhead lucrative office"
Kerr VS.. Jones 10 Ind 351--State VS..
Kirk "A Ind 401-ChamberS VS.. State
26 NE 1913 and especially Crawford VS..
Dunbar So Cal. &c.
l call your attention as a matter Of
interest to the first biennial report Of
the board Of control for the period
ending June 90, 1912, Judge Carmody
singing said report. On page 10 you
will find the following recommended.
tons: "We recommend that part Of
section 2 of the board Of control law
which reads as follows: be amended
to read as follows: mo member Of
the board of control shall be eligible
to any Their lucrative Zee in the state
during his term of service, mol to any
position in this state during the term
for which he is appointed We be-
lieve that that portion of the act pro-
hibiting members Of this board from
holding any other lucrative Office for
n year after his term of service ex-
fires is. if not unconstitutional, at
least unAmerican, and has no place
in the law. No such provision is
found in any other law in thisstato.
The state may at some time be de-
prived of the services of men we'll
qualified for the position who do not
care to be tied up b. any such provi.
sion of law" ...
! call your attention to tie fact that
the Legislature of 1912 gave no con-
sideration to this recommendation or
argument from the fart that the sec
;icn was no. amended as recommend
e., tut other sections Of the same law
we've amended, and fn":lcc. Governor
Jol:l. Burke gave c,refui %ccnsidera.
son to the ea)ilit.' q constitution
ali... of this same &C. and all Of its
sections, and for the reason stated in
his veto message filed March II, 1911,
vetoed certain sections on account Of
their being unconstitutional, but sec
ton 2 was not amoag them.
1t appears to me from the recon-
mendation quoted herei nand from
subsequent events that it might be
viewed az proof that Corning events
must have cast their shadows before"
To nc the purpose and inteat Of the
legislature in passing that part of the
paragraph prohibiting members of the
board Of control from holding any
state office fom a year after the eX-
piratin of their term is plain. and that
was to prevent persons holding such
Influential and powerful positions as
members of the board of control from
adopting the un-American idea Of per-
~petuating themselves in Office for life
through the influences of their posi-
tiOns. .r-. .@,
If each individual was permitted to
PASS his opinion ESPECIALLY if inter
ested) on the question Of what statut-
es were un.American I fear there
would be few laws left on the statute
books. At any rate the legislature has
said this is the law, and Judge Car.
mody's or my opinion as TO what sta
tutes are un-American has nothing to
do with the case.
OF course when nothing else can be
urged against the operation of a law it
is generally said to be demonstrations
al; but I believe that you are well
aware of the fact that the legislature
has power to fix the tenure and quail
fications of persons to hold office and
the prohibitions which would disquali.
fly persons from holding office, this
unless the constitution Of the state
especially fixed the qualifications to
hold any particular Office OF the pro.
hibition of persons to hold that Office.
l.. Under these conditions ] an filing
this complaint as a citizen of the state
with you with a request that you re-
fuse payment for salary of said Off
cial up to March 1, 1914, and further
that you state an account under sec
ton 1O3 Of the revised code of North
Dakota for 1906, and require the re-
turn to the state treasury Of all lille
gal salary paid to Judge Carmody
since the first day Of July, 1913.
Respectfully submitted,