The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1917-12-03
ROBINSON SAYS
POLITICS HOLD
SWAY IN ACTION
Justice Charges From
Bench Play For Politi-
i cal Advantage

a
when Theodore Koffel. attorney for
State Auditor Karl Kositzky, also
elected on the Townley ticket, at
tempted to discuss an article from
the June IS, 1915, issue Nom
partisan Leader. of which Townley
is the directing editor. and which
was included in the state auditors
return in the mandamus proceedings
brought by the supreme court to
compel Kositzky to pay the $500 an
nual expense allowance provided by
an act OF 1907.
Justice Robinson decried the at
tempt to make political capital out
OF the justices desire to claim that
which they consider legally theirs,
and Kositzky's attorney RETAINED
from further discussion. The article
referred to, however. goes into the
- record, and II is reproduced YER
batim, as follows:
. Judges Expense Money"
.r Dawson, n. D., June 6.-Among
the various appropriations made by
the last legislature, ! notice an al
lowance of $500 per year for eaCn
supreme court Judge. This strikes
me rather strange. as the supreme
court judges do not travel any more
on official business. since the
chambers were established at Bis
marck and each Judge lives at Bis
marck. However We know that dur
ing the summer months some of the
judges go on fishing trips to the
lakes visiting with friends. Will you
& please explain to the satisfaction Of
the state IL the judges can draw this
expense money allowed them. and
+ WIN pays the freight?-A Subscriber.
mot Entitled to Expenses"
The judges Of the supreme court,
. of course, are not entitled to any
expense money. as you point out.
Their homes are at Bismarck, or
. supposed to be during their term Of
office, and all sessions of the supreme
court are held there. Nevertheless
the general budget bill of the last
legislature (chapter As. laws of 1876
carried an appropriation of $500
year for each supreme court judge
for the biennium as expense money,
in addition TO tie salaries of tho
judges, which are $4,000 a year each.
The total appropriation for this 'eX-
pense' OF the judges for the two
years was $4,000, as there are five
judges. The taxpayers, OF course,
foot the bill.
"This expense is appropriated TO-
the supreme court judges at every
session OF the legislature. 1t is
compiled laws Of North Dakota. (edi-
ton of 1919 and is a law adopted by
the legislature in 1907. The import
. ant feature of 1t is that this law
provides that the judges do not have
TO account for the expanding OF this
money. The law says that the $500
a year to each judge shall be paid
in quarterly installments without
the filing of any itemized state
ments' In other words, the judges
spend this expense money without in
any way accounting for 1t to the
state auditor or anybody else. Other
state employees, of course. have to
account for all they spend when on
trips at state expense. They must
file itemized statements, but the
judges do not have to.
81 "Just q Bit of Graft"
1.-THE $500 a year to each judge
therefore, is frankly n bit Of per-
sonal graft for the judges. None OF
them seems to have any compunc-
tions about accepting it. 1t is a nice
little tip from the legislature to the
. supreme judges in addition to their
4 salaries. Like their salaries, they do
not have to account for the spending
of it, and it doubtless comes in
handy.
LAS to how this expense graft for
Judges originated in 1907. the facts
are probably that the legislature
desired to increase the judges
salaries. The constitution gives the
legislature power to fix the judges
salaries, but 1t prohibits raising them
during their term of otflce (section
90. state conatitution.) 1t is prob
able. therefore, that the legislature
of 1907 wanted to give the judges
more salary and hit on the plan OF
voting them expense money for
which they would not have to &C
count. SO as to defeat the intent OF
tha constitution. Since then all the
Judges have continued to beneht
from the original act OF the legis-
lature in 1907, devised to dodge the
constitution.
In regard to your question as 70
the legality or cOnstitutionality or
the expense money appropriation, it
r. is practically certain that 1t could
have been knocked out after 1t was
first passed, while the judges to
whom it was originally voted were
still holding office. At that time IL
was clearly increasing the compen5a-
ton of the judges during the term
for which they were elected. which
is forbidden by the constitution. But
. now, of course. it would not be IN
creasing their compensation during
the term for which they were elect
ed. for all the judges getting this
graft have been elected or re-elect-
ed since the expense law was pass
ed. and hence they have not had their
tconpensation increased during their
term of office. Whether it could be
knocked out on other grounds is a
legal acknowledgements Leader
June Is, 1915"
state Auditor Kosiztky also intro
duced in his return a copy OF an
ANONYMOUS circular of which large
quantities were distributed by him
in this county during the 1915 CAM
paiRn. and which he stated he belleV-
ed came from Townley headquarters
AT Fargo, The circular is headed:
{ sImportant.-In the interest of the
hest welfare of the people OF TINS
state: for Justice and equality before
: the law, you should vote on NOV.
for the following men for supreme
court Judges: Luther r. Birdzell' j:
Il. Robinson. r. =. Grace. SpeclaI
privilege is incorporating the peo-
pies candidates for judges OF tne SUI
nren1e court-Robinson, Birdzell ana
15race-but they will not succeed:
Robinson. Birdzell and Grace viii
not draw $500 a year as expense
money regardless of actual expenses
They viii not pad their expense &C
count I'm this way"
IL was TO the discussion Of this
literature that Justice Robinson on
saturday afternoon objected as
nplftfcal. The argument on the order
Tor a writ OF mandamus compelling
are state auditor to produce some
81 500 which the FIVE justices now
hold Is due them closed Saturday
affernoon at 4 o'clock without other
interesting developments. Dan ".
Brennan, handling the judges case
fer ATTORNEY General LANCER. sum-
med up briefly for the state.