Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1917-12-01
y DEC ! |: ] ! ARES \ KOSlTZKY
IS lin CONTEMPT FOR
QUESTION 1T J MIN \ G RIGHT
Venerable & Jurist Defiies.I all
Efforts to Get Him to. Il
Step Aside.
PRov1s1oN > ! L 81 COURT Il
HEARS ARGUMENTS
Former State Senator Who
Hhelped Pass Law in 1907
. D T Auditors Attorney.

Bismarck, N. D.. Dec. l.-''Thi, Is
Just aa much case Of contempt All
4 though Mr.: Kositzky had come in
here and attacked this court with u
club" said Justice ]. H. Robinson
this morning In defending his right
supreme court which IL hearing the
nrunlent on an OF del for writ Of y,ian-
d1mus compelling State Auditor
Koaitxky to turn over to each Of the
Eve justices, Of che supreme court ap.
lrosimateiys $375 which has accu.nu-
lated in the $500 per annum expenses
fund during 1917. 5..ls &, Witt Witt
Although 4.ss,stant Attorney Gem
trnl nrenLar. re presenting the court,
admitted .hore rljght be some n,eeit
in the state aE,,tsor's contention that
Justice Rut!nron. asa party imnedi-
ately inter3trd iE tho outcome Of the
member of the provisional court. bat
Justice Robinson declined to conccde
that there even was room for nr7u-
ment.
II vii sit'' He Insists.
Each Justice OF the supreme court
has the privilege Of determining his
own quallrtcAl iols," said Justice Rcb-
inson. "a have done 20 In this case
and sit in this cnse without tho tcnst
hesitancy. Only extreme nlcety kaops
the other 5uttices from sitting. Yoi:
l.eedn.t say enothcr word about Il. l
have decided 10 st and I will sit,
Brennan on behalf OF the court. nr-
gued that In 1907 the legislature vot-
sation Of $500 per annuni, intending
that 1t should be an addition to their
salaries, or that II might care tor ose.
peneos Incidental to their services ~
Justices ana maintain their salArtes
Impaired. He held that the leKtsln.
ture naMar Intended that thin ten,
should bSs 1ndftSd BY the Antt-
tor 1nyt than ,itsrequ that tlas
r.9pleE q ,s1aEy 4 .pay ymsnts be audissd lsd
from n1 nsiaattutionai 4 5, p,roWvisio W o5vsJs
Ing other, claims. # i5 7 = e (. Il
Koffeal Qnotes Precedent. :5
Former. Senator Theodore Koffel,
representing State Auditor Kositzky.
held: that Justice Robinson was no.
entitled to SIT In this case and that 1t
had been SO determined In the caAe
OF IAnde, ex rel, Robinson, tried q
year ago before q provisional supreme
court RAJ s4f -
tains that It was not proper for the
supreme court to organize prove.
sional court OF district Judges. as y
did q year ago and that he never had
recognized the acts Of that provisional
court las4 representing the supreme
court .H North Dakota.
KoRAl quoted an opinion from
Chief Justice Bruce, holding that an
interested Justice should not cit, but
Robinson stood pat. i3.sp5
Helped Pass the Law.
II Koheell advised the court that he
assisted ia the passage Of the act OF
1907 awarding the justices Of the su-
prone court, an additional $500 peI
yeari for expenses. and that It wa
constdAred solely In payment OF e1,
pensea and that the items which !,
wa to- cover had been. audited by. tne
!. iariaiature before the bill was passed
5He M DECLARED thesitem never was treat
4 "a a. Salary and that 4 could not con:
etitufionally have been regarded q