Bismarck daily tribune., 1915-12-22
HOLDS APPOINTMENT
UNCONSTITUTIONAL
Attorney General Declares Sen.
0verson Cannot Qualify
for Position.
Is DIRECT VIOLATION
OF STATE CONSTITUTION
Says One Violation Does Not
Furnish Justification for
Further Infractions.

One violation Of the constitution
does rot furnish justification for fur
ther violations of that instrument, &C
cording to an opinion handed down
yesterday by Attorney General Henry
j. Linde, relative to members OF t.le
Legislature accepting civil appoin:
ments under the state administration
Attorney General Linde was called
on for, an opinion relative to. the re
|ctnt sAppUfntnlfnt Of -Sena, Or w. 3
Oyerson as a member of The board ol
control, to fill the vacancy caused by
the resignation of J. w. Jackson. The
attorney general holds that the ap
pontment is unconstitutional. and
that Senator Overson cannot qualify
for the office.
The question was raised by W. C.
GilEreath of tlis city, In letter tc
the attorney general. In answer to
the question the attorney general
says:
81 have carefully examined the Ian
guage used in section 50 Of the con.
sttution. as well as the debates of
the constitutional convention of this
state, as recorded on page JJ OF the
Debates Of the Constitutional Conven
tiOn, and | have also examined some
of the authorities constituting similar
provisions OF the constitutions of 9th
er states.
Section 20 Of the Constitution of
NORTH Dakota provides:
"'NO member of the Legislative as.
sembly shall, during the term for
which he was elected, be appointed
Or elected to any civil Office in the
state, which Shall have been created,
or the emoluments of which shall
have been increased, during the tern
for which he was elected; nor sh..;i
any member receive any civil appoint
mcnt from the governor, or the gov
ernor and senate, during the term for
which he shall have been elected
"In constituting q similar provision
of the constitution, the supreme court
of Minnesota in the case of Darnum
VS.. Gilman, 27 MINI. 466, reasons
that when the constitution is clearly
contravened it is the imperative duty
to so hold, and while there may lave
been others holding Offices under sim
liar circumstances, one or more viOia-
tions of constitutional provision
would furnish no justification for any
further violation of that instrument.
"It seems to me that the languag :
used in section 39 Of the constitution
is susceptible of but one construction.
The constitution is the fundamental
law of the state and under the famiI-
lar rule of construction it's provisions
should be given full force and effect
and the rule that nothing should be
added and nothing taken away from
it's meaning rises to very hgl ce-
gree of significance when dealing
with constitutional questions.
II am, therefore, of the opinion that
the appointment of the member of
the legislature you. mention is en-
tirely void and in contravention of
section SO Of the constitution of this
state"
Senator Overson, who has been in
the city for the past week, familiar
iZing himself with the duties of the
new Office for which he was appoint
ed, left the city yesterday and could
not be communicated with last night
relative to the opinion of t.le attorney
general. -