The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1917-12-01
K0S|TzKY HELD
N CONTEMPT BY
JUDCE ROBINSON
Declares State Auditor has Been
Just as Guilty as Tho he At
tackled Court with Club
JUSTICE DEFENDS HIS
RIGHT TO TRY ACTION
Heated Arguments between Bench
and Bar marks Opening Rounds
in Expense Item Battle

III GXpeuSe 4teW 0aLLle
This is just as much a case of con.
tempt as though Mr.. Kositzky had
come in here and attacked this court
with club" said Justice ]. E. Robin.
son this morning in defending his
right to sit as member of the pro.
visi0nal supreme court which is hear.
ing argument on an order for writ
of lnandamus compelling the state au
ditOr to turn over to each of the five
justices of the supreme court approxi-
mately 1915 which has accumulated in
the $500 per annum expense fund
since the first of 1917.
Although Assistant Attorney Cen
eral Brennan, representing the court
admitted there might be some merit
in the state auditors contention that
Justice James E. Robinson, as a party
Immediately interested in the outcome
OF the action, was not qualified to sit
as a member OF the provisional court
Justice Robinson declined to concede
that there even was room for argu-
ment on the question.
Each Justice OF the supreme court
has the privilege of determining his
own qualifications. have done so
in this case, and \ sit In this caSe
without the least hesitancy. Only ex-
treme licety keeps The other justices
from sitting You needn't say an.
other word about IT, have decided
to sit ana I will SIT"
Brennan, on behalf of the court,
argued That III, 1907 the legislature
voted the justices an additional com,
pensation OF $500 per annum, intend
ing that it should be an addition to
their salaries, or that 3it might care for
EXPENSES incidental TO their services
as justices and maintain their salaries
unimpaired. He held that the legisla'
ture never intended that this item
should be audited by the state auditor,
any more than it requires that regular
salary payments be audited, and that
it was expressly excepted from consul
tutional provisions covering other
claims.
Former Senator Theodore Kone!l,
representing State Auditor kosltzky'
held that Justice Robinson was not
entitled to sit in this case and that
# had been so determined in the case
of Linde ex rel Robinson, tried year
ago before a provisional supreme
court pa
Judge Robinson informed Attorney
Koffel that he (Robins0n) still main
tains that it was not proper for the
sunreme court to organize a provl'
sional court of district judges, as II
did a year ago, and that ne never naa
recognized the acts of that provisional
court as representing the supreme
court of North Dakota.
Koffel quoted an opinion from Cnlel
Justice Bruce holding that an inter
ested Justice should not sit, but RoD'
inson stood pat.
II Helped Pass Act.
Kofsel advised the court that he as
sisted in the passage OF the ACT u
1907 awarding the justices of the SUI
nreme court an additional $500 per
wear for expenses, and that the item
was considered solely in payment OF
expenses, and that the items which II
was to cover had been audited by the
legislature before the bill was passed
No declared the item never was treat
cd as salary, and that 1t could not con
stitutionally have been regarded as
salary, as it would have been lmpos
sible for the legislature to increase
tha compensation of the then mem
hers of the supreme court during tnel'
term of office.
The first quarterly payment under
+hts act was drawn by the three JUS
tees then serving 10 days after tne
signing of the act, which carried al
emergency clause The justices tneh
considered the quarterly payment az
reimbursing them for traVehns eA
nenses already incurred, and the lten
cannot now be considered other"ist
than as expense, else the act ltsei.
n,ust he held unconstitutional aho
Xoid. contended Koffel.
Counsel for the stale audltor III,
not completed its opening arsun,en
Of noon when ad journment was takei
d. mil 2 o'clock this afternoon VIII
the probability that. the remainue! ~ y,
the day would be occupied: Jus.ice.
James E.. Robinson and Dlstr'c. 9
Judges Coffey of jamestown, Cole o
Toreo Cooley of Grand Forks ant
Nuessle of Bismarck constitute th'
provisional court.
WON'T ENTER BIG CLAIMS.
london. Dec. 1.-The German LOT