The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1917-11-30
GOVERNOR NOT |AN[D
TO RUN LOCAL AFFAIRS

TO RUN LOCAL AFFAIRS
Continued from Page Ore,
earth do knowingly permit tue uolug
of many things which 'by extra vigi-
lance and self-sacritce they might
prevent. No facts are stated to show
ina: mr.; Shaw is a bad or immoral
man, or that he is, a drunkard or that
he is incompetent or that he is not
the choice OF the voters of Minot. So
far as the record shows, were he re-
moved from office, today, tomorrow or
in a few days the people of NMinot
might re-elect him. II his recall is
demanded by the citizens of Minot,
they have a plain, speedy and ade-
quate remedy. They have only to
file with the city aud..or proper pc
ti:ion demanding a recall and the
election of successor; then the
board of city commissioners must fix
a date for holding such election. The
person subject to removal may be a
candidate and the candidate receiv-
ing the highest mum )er Of votes is
elected.
Aside from all that, there is reg.
ular judicial procedure by wAich an
officer may We removed for crime
or malfeasance in office.
2. The second point is Oh the
words of the statute that the gov
ernOr may remove any mayor, chief OF
police deputy sheriff or other police
officer. 1t is contended that the
president Of the board is in reality a
police officer and that ne comes with
in the spirit and reason OF the act.
The answer is that the statute is pen
al and it must be given a strict con-
structiOn 50 as to include only those
who come within the letter of the
act. If the legislature had intended
| to include city commissioners, the
question should not have been left
open 10 doubt or discussion. TO have
named them in the list Of removable
| officers were as easy as to name the
mayor and chief of police. But there
was good rcas for naming only such
oIncers as are not subject to recall.
Or course a city or any person VINO
employs men may reserve Or be Civ
ell the right to recall or discharge
them. ...a r.. -
>. On the constitutional validity
OF the act it is proper to consider
LAT miglt Zoe done under it or uil-
der similar acts An Office is prop
erty, it affords living. 1t is an an.
nulty. 1t is probable that the office
in question gives an annuity Of $1,000
year In some cities mot in this
state) the head OF city commits
sion is hired for his experiences and
is paid from $1,000 to $4,000 year
Now il a statute may authorize the
governor or any other person in a
summary manner to deprive any city
commissioner Of his annuity, why
may he not in like manner under a
similar statute deprive any person OF
his lands and possessions? Such was
the power exercised by the great feud
al lords But now we have written
constitutions, both state and federal,
which provide that no man shall be
deprived of his property without due
process of law. That includes and
guarantees hearing and a trial
according to the law of the land and
the esta olished course of judicial
procedure By the constitution the
judicial power. of the state is veste,:
in the courts. They alone are given
jurisdiction to hear and determine
matters of legal dispute regarding
personal and property rights. When
Il charge is made that person Is
guilty of misconduct in office and he
denies the charge, then to establish
it and to deprive him Of his office
and his annuity, there must be- trial
by some competent tribunal. the TAX
ing of testimony, deliberation and 1e'
termination. The tribunal must have
jurisdiction which means right 10
speak and determine the law and the
facts of the case. This power is ju'
dcial 1t is given exclusively to the
courts and It may not be- given TO the
governor. 10 O)viate this objection,
the statute gives a half way appeal to
the courts. 1t provides that VIXEN a
party Is accused, the governor may
order a hearing before referee, sus-
pend the accused from his Office, deny
him his salary during the hearing and
cause the vacancy III his Office to be
filled by an appointment. THAI the ac'
cused may appeal to any district court
from the final decision Of removal.
That is not due process of law. a
party may not 5e harrasScl or exc
rttch by a moe. trial i'CfOr- he Is
| lc-n ;ried q nI Convicted.
The case presents another feature
which was considered in case arts
ing under statute authorizing the
governor to appoint temperance
commissioner to act in any county as
states attorney in the prosecution