The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1918-01-26

This week | can report no progress.
All Of the week our chief justice has
been absent without leave or license
and our good looking young judge,
the pride of the court, has been alb
sent a great part of the time.
In the Kositzky case now give you
a copy of my own short opinion COW
ering less than two pages. You Of the
class in grammar and composition can
read it Understandings in ten minutes.
The leading decision is written by
Judge Cooley Of Grand Forks and it
is signed by all judges. 1t covers fif-
teen pages and hence it is too long to
De published in any newspaper. 1t is
all strictly grammatical and we'll COM
posed. Each sentence and paragraph
is in good consecutive marching order.
1t is in no way slip-shod. However, it
is too massive and weighty for the
occasion. To kill an insect n should
use merely a swatter and not a sledge
hammer.
1t is not correct to say that this de-
cision is given by an improvised
court. Our supreme court has no
power to make or improvise another
supreme court but, when for any rea-
son n or more judges of the SUI
preme court declines to sit in a case,
then the other judges may call in one
or district judges to sit with
them in place of the judges declining
to serve Such are the plain words of
the constitution. There is nowhere
any authority for ~improvising a court
and hence there can be no ~improvised
court.
Now we hope that in the future the
state auditor will be good and not any
mor try to set himself up as a con-
stitutional lawyer, though if he ever
in the form Of graft or, ruthless TX
penses, he may rest assured that our
court will sustain him. l wish it were
his duty to keep tab on every state
officer and to dock the salary Of every
one who does not give six hours a
day to his official duty. Twice The
Bismarck Tribune has kindly publish
ed our bill for an act requiring every
state officer to make and file a month
W renort of his official work before
receiving a voucher for his monthly
salary. The making of such a report
would in no way embarrass any hon
est person and it would be certain to
secure more efficient public service.
Some twenty years ago | was re-
aimed to work for a corporation clear
ing up and quieting numerous land
fSf10c NV now uyoc con q dow and
expenses for 300 days. The special
feature Of the employment was that
at the close of each day I should give
by mail a report of the days work.
The daily reporting kept me in touch
with my client and it became a source
of pride and zeal. AS you know, in
such a case a person would be a mean
dirty thief if he tried to get pay for
an extra day by making a false re-
port. When state officers are by law
required to report their daily work it
will appear equally thiefish for them
to take a days pay without giving a
days work.
State VS.. kositzky.
ROBINSON, j.: (Concurring.) This
is an application for a mandamus COM
handing the State Auditor to give to
each Judge of the Supreme Court al
voucher or warrant for the regular
allowance OF $500 a year to be paid
quarterly as provided by the Laws
Of 1907, Chapter 81.
The statute is in effect: Each
Judge OF the Supreme Court shall re-
ceive the sum OF $500 per n for
expenses to be paid quarterly without
filing any itemized statement. It is
claimed that this act4fs void because
It does not expressly limit tie allow
ance Of $500 a year to judges after
wards elected and It does not limit