Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1914-02-05
ATTY, GEN, MILLER
GIVES NO OPINION
ON QUESTION OF CARMODY
DRAWING ILLEGAL SALARY.

DRAWING ILLEGAL SALARY.
Bismarck, Jan. 31.-It will be re-
membered that few days ago State
Auditor Jorgenson received a letter
from a tax payer in the state calling
his attention to the appointment of
John Carmody as assistant attorney
general, and claiming that the ap-
pointment was illegal. The CORE
spondent took the stand that the law
provides that a man who has been
member of the board of control of
penal and charitable institutions was
not eligible to either appointive or
elective Office, carrying pay, for the
period of one year after his term as
member of the board of control ex-
pired. This condition existed in the
case of Judge Carmody, who was ap-
pointed as assistant attorney general
by Attorney General Miller, only a
few months after he had been super
seded as member of the board of
control. The communication to the
state auditor asked that not only fu-
ture pay for Mr.. Carmody be held up
but that action be started to recover
what had been already paid him, the
payment being unWarranted, accord
ing to the ideas of the writer.
State Auditor Carl o. Jorgenson
addressed the following letter to the
attorney general regarding the mat
ter:
ANDREW Miller,
Attorney General,
Bismarck, North Dakota.
Dear Sir:
Enclosed herewith I am sending
you copy of a letter filed with me
as state auditor, asking that the pay
ment of salary as assistant attorney
general be discontinued to John Car
mody, and that further, that an &C.
ton be started against him for the
time he has been paid salary as as
sistant attorney general, from July
1. 1918, for the reason, it is contend
ed, the appointment of Mr.. Carmody
has been illegal under paragraph 2,
Of chapter 62, session laws of 1911,
which provides that no member of
the board of control shall be eligible
to any other lucrative Office in the
state during his term Of Office, or for
one year thereafter,
"Will you please furnish me with
your written advice in this matter,
so may present it to the state au-
diting board at their next meeting.
am,
Very truly yours,
CARL o. JORGENSON,
State Auditor"
The attorney general in reply to
this letter does not appear to give
the advice requested, but wrote the
following letter which was delivered
to the state auditor yesterday:
Hon. Carl o. Jorgenson,
State Auditor,
Bismarck, N. D.
Dear Sir:
II am in receipt of your favor un-
der date of Jan. 21, enclosing copy
of letter filed with you by T.. H.
Poole, questioning the right of John
Carmody to act as assistant attorney
general in my Office. I hereby return
your copy of Mr.. Poole's communi-
cation with the suggestion that the
qualification of Judge Carmody and
his eligibility to the Office was neces-
sarily passed upon by me at the time
I made the appointment and also by
him at the time he accepted it, and
that in no event can the duty of de-
termining the matter devolve either
upon the state auditor or the state
auditing board.
Yours very truly,
ANDREW MILLER,
Attorney General" I"
Mr.. Jorgenson, when asked about
the matfor ooid. UT toua no&tino a. n