The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1917-11-19
WILL CO TO JAIL
BEFORE HEPAYS
JUDGES DEMAND
Karl Kositzky Declares he will
Face Contempt of Court
Charge Before Giving In
INSISTS 1TEMIZED BILL
BE FURNISHED OFFICERS
Asserts Legislature Cannot by
Statutory Provision Wipe out
State Constitution

! II" 60 to Jail for contempt of court
and run my Office from cell before
will pay that bill without the scratch
OF a pen to show what the money has
been spent for" said State Auditor
Karl Kositzky this morning in re-
ferling to a demand made upon him
by five judges of the supreme court
for the payment Of the extra expense
money of $500 par annum, provided
for them by an act of 1907.
The supreme court judges expense
money has been live issue since the
first of the year In fact, it was
brought up even earlier, during the
1916 campaign, when some or the
Nonpartisan candidates referred with
horror to the fact that the Judge OF
the supreme court whom the league
was seeking to retire had been &C.
cepting this expense money.
When State Auditor kositzky took
Office he announced that this ex-
pcnse money would be paid only on
itemizedl statements as provided. in
the constitution. Severa. demands
were made upon him for payment on
plain voucher acquisitions, but y the
auditor stood pat. The 1917 legis.
lature at one time repealed this ex.
pense stipend, and then, on the
strength OF an opinion from Attor-
ney General Langer, to the effec.
that the judges salaries could not be
reduced or increased during their
term Of Office, 1t was restored.
. Attorney General Langer's opinion
submitted at the request of Rep. J. f.
Il. O'COhnOr, chairman OF the house
judiciary committee, last February is
appended 10 the supreme court judges
tolmal demand for their expense mon.
ey. The attorney general holds that
the 1917 legislature intended this ex.
pense allowance as in increases In
salary and therefore decreed that 1t
should be paid without requiring an
ilemlzed statement from the judges.
State Auditor Kositzky takes issu,
with Langer on this point, quoting ar.
ticle 1856 OF the North Dakota consti.
tulion which says that no officer hav
ing charge OF the disbursement OF
funds shall pay out these funds until
the "bills, claims, accounts or de.
mands" shall have been presented in
the form of full itemized statement
in writing, which shall be filed with
the proper officer
No such itemized statement has
beenS filed in the case of the five
supreme court judges, says Mr. Kos.
itzky. Since April, he claims, not
even q voucher has been presented by
the justices, and he flatly declines to
meet the judges demands that tie ex-
pense money due to date be turned
over instanter.
viii Go to Court.
It is probable that the justices of
the supreme court will appeal to the
courts and that ultimately the ques.
tion will come before a provisional
supreme court for adjudication. The
last legislative assembly provided that
upon the expiration of the terms Of
the several justices now serving, their
successors shall receive a straight
salary of $500 per annum, and that
the $500 annual expense item shall
continue to apply until the new salary
schedule takes effect, when it shall
be automatically eliminated.