The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1915-05-20
ARGUMENTS
OVER VOUCHERS
ARGUED FOR SUPREME COURT
THAT IN HAS FULL RIGHT TO
EXPENSE ALLOWANCE

THAT IN HAS FULL RIGHT TO
EXPENSE ALLOWANCE
Pierre, S. D.-The case of Judge
j. III. Mccoy VS.. State Auditor j. f.
Handlin, involving the constitutions
atty of the $50 per month expense
vouchers to members of the supreme
bench, was heard yesterday before
the supreme court here the case be-
ing finally taken under advisement
after lengthy arguments as to the
jurisdiction of the supreme court
hearing the evidence in this case,
which vitality interested the members
OF that body.
Joe Kirby OF Sioux Falls. appear
ed in behalf of the defendant, argu-
ing that the court had not the power
to sit in this case. because of the
personal interest OF the members of
the court in the outcome.
Stephens and Sutherland OF Pierre
appeared for the plaintiff, contending
that Judge Mccoy had a right to
a hearing in this matter. and that
this a the only possible court be-
fore which such an action could be
brought.
They further contended that the
$50 warrants paid these officials
each month were for legitimate eX-
| penses, and were not Prerequisites of
Office, and therefore were as legal as
the expense warrants allowed other
state officials.
They argued that the fault was
with the defendant in this action
H.. l.., -. H., na..N .,r~. tIs, l~~.l,,
which had a personal interest in the
outcome, az he should have, If he
wanted to test out the constitutions
ality of this custom, made a test a s
OF the warrants of some of the other
state officers, and not hold up pay
ment on the warrants to the members
OF this court.
The contention OF Kirby in brief
was on three grounds, that the JUS
tice had an adequate remedy at law
| outside the supreme court; that the
Judges were all disqualified to sit, as
parties i'll interest; and that Chapter
239, Laws of 1911 is directly in vio-
lation of constitutional restrictions
In his argument he made his strong
point on the issue of Jurisdiction and
| the rights of the members of the
court to sit in a case in which they
had a direct interest, and hold that
while an injustice might be done by
lack OF a final court to act in cases
where there was' no other court to
hear the issues, there would be
greater injustice if they would pro
coed, as it would open the way tic
many abuses. He asserted that a
judgment secured against the state
at any time would be an a%ppropria-
| ton in itself. and would not require
legislative action to secur a war
want. but evidently did not consider
he provision of the constitution it.
elf which prohibits any payments eX-
cept upon specific appropriation. He
expressed his personal Willingness to
submit any issue to the court with a
belief i'll their integrity of decision,
and at the close warned them that
they had the respect of the people,
but need use care to see that they
retained it at any cost to them
selves.
The contention of attorneys for
the court was hat prior to 1911, the
supreme our was absolutely the
only department of the state which
was not supplied with an expense ac-
sUuul, ana WINE every OulCeT OIL
he state had been SO supplied since
statehood, and is yet being supplied,
without any constitutional provision
authorizing such expenditure, and
that the court is in just the position
of all other state officers in being
given such an allowance. 1t was
argued that the constitution neither
provides for nor prohibits the al
lowance of expenses for state Off
GERS, leaving that to the judgment OF
the legislature which has acknowled-
I'd the need on the part of all Off
GERS, the court being the last. AS to
the right Of the court to hear mat
tiers in which 1t is personally inter
ested, it was alleged that if it has
not this right, the auditor at his dis
creation might refuse to pay salary
warrants as we'll as expense warrants
and leave a court either to serve with
out compensation or to quit, leaving
the state without courts, as under
the contention of the defense, no
court had a right to sit in a matter
in which it was at interest.