The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1917-11-30
K0S|TzKY ON
EVE Of FIGHT. .
IS CONFIDENT
State Auditor Believes He Has
Many Constitutional and Legal
Points in Favor
COMMENTS ON CAMPAIGN
LITERATURE OF LEAGUE
Was Responsible for Circulating
Dodgers Pledging Candidates
# Not to Accept ...

." NVt ~ xAVCcpG t<f
That the members of the supreme
court as private itigants seeking to
collect claim from the state of North
Dakota have no right to be represent
ed by the attorney general, who should
instead be defending the state in this
attack upon its treasury; that there
is no unbiased member of the supreme
court who has right to sit in the
hearing of this case. tomorrow, or who
has the right to call in district judges
to sit as provisional court, and that
the supreme court has no right to as.
sumo original jurisdiction, but that
the suit, in the. same manner as any
other civil action in an effort to col
lect a claim for services rendered,
should originate in the district court
Of Burleigh county are among the con.
tentions which will be raised by State
Auditor Karl Kositzky at 10 o'clock
tomorrow morning when he appears
before the supreme court to defend
the action brought by Attorney Cen
eral LANCER on behalf Of three justices
of that body to collect for them the
$500 annual expense moneys guaran-
teed by an act Of 1907. g.. '.a
State Auditor KOsitZky will contend
that the statute under which this ex-
pense item of $500 per annum is pro.
vided was unconstitutional to begin
w'.h and that all of the justices of
the supreme court who have accept
ed this compensation have acted il.
legally, inasmuch as it is expressly
: provided that the legislature shall mo-
increase Or decrease the COmpensa
ton to be paid any officer Of the State
during the term of office of such
officer. He will hold that this cOnclu
sion clearly disposes of the attorne!
generals contention that the $500 wa!
intended by the legislature as a fiat
increase in salary for the justices, and
| not as an appropriation to cover eX
pense actually incurred. If the item
is intended to cover actual travelling
expenses of the supreme court JUS
tices, as the act reads, it is equally
clear. under the constitution, claims
Mr.. Kositzky, that it can be paid only
on a certified, itemiZed statement, &C
companied by a proper affidavit. None
of The past justices has filed such item
lied statement, and the members OF
the present court have declined to
do so.
. y. Kos;tzky Confident.
"The people of the state are with
me in this fight" said Mr.. Kositzky
this morning. Il personally saw last
fall to the distribution in this county
Of 500 printed circulars, which l be
lieved to come from league headquar
lers, positively pledging Birdzell,
Grace and Robinson not to accept
this money. This circular stated IN
bold type: Robinson, Birdzell and
Grace will not draw $500 a year as
expense money regardless of actual
expenses. They will not pad their
expense account in this way. Special
privilege and those that 1t controls
are not for these men, but this is
the very reason why they should and
will be elected Mr.. Prater, county
chairman, and | put out hundreds OF
these circulars. ! do not feel l would
be true to my trust if, after being re-
sponsible for the circulation OF this
pledge, | now sat by with folded hands
and saw done the thing J practically
promised on behalf Of these league
candidates would not be done.
II am getting letters from substan'
tial farmers and league men al! over
the state endorsing the stand l have
taken. may have TO fight this battle
alone with the attorney general op'
posing me, but the people, l am sure.
are with me. This is, as near as
can find, the first time IN the history
of the state where the attorney gen
eral has brought an action against a
state officer in behalf OF private It'll
gants. The supreme judges in this
case are private persons and are mol
acting as state officers. l always sup
posed that it was the duty OF the at
torney general to defend officials OF
the state, especially where there Is
money involved, and the constltution
is in question. However, | am gong
to stand my ground and probably Will
appear in court in person. as l cannon
afford to pay out of my own pocke'
the price some attorneys are asking
and argue my own case If they Will
permit me to do So
Justice James E. Robinson IS the
only one of the litigants who feels
qualified to sit in judgment on this
case. The other members of the pro
yisional court will be District Judge:
Nuessle and Cole, of Burleigh ant
Cass. respectively, and probably Dis
trict Judge Crawford of Dickinson ant
Cooley OF Grand Forks.