Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1918-01-26
$500 PART OF
JUDGES SALARY
e' NAYN
Provisional Supreme Court
is Unanimous in
Decision.

Bismarck, N. D., Jan. 26.-State
Auditor Karl Kositzky was given an
opportunity to achieve m~artyrdom
yesterday. when a unanimous opinion
of the provisional supreme court,
which sat in the judges expense
money controversy. held that the five
members Of the supreme bench are
entitled to $500 per mum for travel
ing expenses and other i~ncidentals. and
that a writ of mandamus should issue
requiring the state auditor to sur
render to the judges the expense
since January 1. 1917. Each of the
five members of the court now has a
full $500 coming.
Was League Issue.
The Non Partisan league in the
campaign of 1916 dug up the judges
expense money item and pointed to it
as a graft and a gift of big business
and said other unpleasant things
about it. Thinking the league was in
tor kositzky declined to recognize
vouchers filed for the payment of this
expense honey The first demand
was made by" Judge Robinson, the
biggest Lacquer of them all, and one
of the three Non Partisan league
candidates for the bench whom the
league in holy horror had promised
would not stain their hands with this
filthy lucre.
Kositzky continued to stand pat
until the fall Of 1917. when the five
members of the supreme court united
in a formal demand On him for their
expense money. The state auditor
said he would go to Jail before paying
this money with no itemized statement
showing that the expense for which
the judges claimed reimbursement
and had been actually incurred. The
Judges urged that no itemized state
gave them this salary boost. and when
Karl continued to sit tight on the
money-bags. they %petitioned the su-
preme our for a peremptory writ,
hailing Kositzky before a provisional
court to show cause why a writ of
mandamus compelling him to loosen
the states purse strings should not is
sue.
Provisional Court.
The action was heard by a provis-
ional court consisting Of Judge Cooley
Of Grand Frks, Judge Cole of Fargo,
Judge Coffey of Jamestown, Judge
Nuessle Of Bismarck and Associate
Justice James Il. Robinson. who de-
clared himself qualified to sit in the
judgment of his own case. Attorney
General LANCER very vigorously prose.
cuted the claim Of the supreme court
judges Kositzky, at his own expense
retained Theodore Koffel of Bismarck
as his counsel. A detailed showing OF
fact and evidence and law and con.
stitutional authority was made by
both sides. Inc for the last eight
weeks or more the provisional court
had had the matter under considera.
ton. '~ i@T
Judge Cooley wrote the opinion
handed down, and Justice Robinson
especially concurs. The opinion
adopts Attorney General hangers
view Of the situation that the $500
annual expense item voted the SUI
preme court justices in 1903 was
simply a salary boost and was SO in
tended; that it vas not meant te
actual travelling expenses in
Cured, but was sc worded to dodge
constitutional provision prohibiting ar
increase in the salary Of n oficia
during the term of his office: that the
$500 annual stipend shall be paid If
the same form as any salary lilo
ance. or simple voucher acknowledg'
ment, and without any detailed ac'
counting of any kind to the state
auditor.
Robinson Not Irregular.
The opinion holds that SO long as HI
did not constitute a quorum. hi!
sonally interested did not %illegalize thu
proceedings.
The question now before the houst
is whether Mr.. Kositzky will adhere tt
his originally announced intent of go
ing to Jail rather thar be a party t.
this assault on al already much be
seiged state treasury.