Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1914-01-21
Carmody Was Appointed Is.
sistaDt Attorney General
Within s Months
Inquiry Addressed to State
Auditor Asks Embarrassing
Question "Nhy'
Andrew Miller Is Likely 10
Render Decision on
. Ills Own Action

Thomas Poole set political tongues
awaging yesterday when he wrote a
letter to State Auditor Jorgenson,
calling attention to what he believes
an irregularity in appointment OF
Judge John Carmody, as assistant at.
torney general. ~. .. WILL -
The law says no member of the
board Of control Shall be. eligible to
any other lucreatiye Office in the state
for one year after his term shall have
expired, and inasmuch as Mr.. Carmo.
dy's appointment occurred about four
or five months after his term as q
member Of the board of control had
expired, and he has been drawing sal
ary since said appointment, Mr.. Pools
wants to know by what right these
proceedings.
State Auditor Jorgenson was asked
last evening by Tribune reporter
what he intended to do, whereupOn he
stated that he intended to put the
matter up to the attorney general to.
day for an opinion, and that he would
request that he be given the opinion
in time to place it before the auditing
board at its next session which will
be within the next few days. .., d. ::
The question will undoubtedly
cause considerable interest over the
state, and the outcome Of the case
will be watched with interest. Mr..
rooles letter follows:
Poole's Letter.
Riom1rnly On
Hon. Carl o. Jorgenson, State Audi
tor, Bismarck, N. D.-Sir: I wish to
call your attention to paragraph 2.
chapter 81, laws Of N. D. 1911, with
reference to the qualifications Of ap-@
pointees on the state board of con.
5rol, calling your especial attention to
that part of the paragraph referred to
above, which is quoted herewith.
"No member Of the board Of con-
troll shall be eligible to any other
lucrative office in the state during
his term of service or for one year
thereafter or to any position in any
state institution during the term OF
which he was appointed, nor within
one year after his term shall have
expired"
am calling your attention to this
of our laws from the fact
that H. am. of. the 4opinion, that this
part Of paragraph has not been
brought to your attention before.
Directly in face Of this statute the
attorney general of the state did ap-
point the Hon. John Carmody to the
0ffSnn nc cf oft to,. ~
the state of North Dakota on June %,
1913, said appointment took effect
July l., 1913, and since that time he
has been drawing from the state Of
North Dakota something like $30S
per month, contrary to the laws of the
state, from the fact that said Carmo-
ly drew salary and acted as a men,
Der of the board of control under an
by the governor up to
March /. 1918. And under the laws Of
The state as quoted above said Car.
nody was ineligible for appointment
% the office of assistant attorney gen.
eral until after the expiration of one
year from March /, 1913, therefore all
If the salary which he has drawn
since July l, 1913, has been illegally
lrawn and any payments made to him
,rior to March l, 1914 would be con.
rary to statute.
l do not doubt the fact but that
'ou will agree with me that the Ian
,uage of the statute is plain and can.
lot be misconstrued and that you un.
(erstand the intent of the legislature
n placing the words quoted above In
he statute; but for your information
o show that the Office of the assist
mt attorney general comes within the.
prohibition of that statute as being .
Lucrative Office" I would respeet
fully refer you to the text book
lContined on Page Il