Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1918-01-25
Supreme Court Decisions
From Ward County.

The State of North Dakota. on
the relation of John j. Nedreloe.
as sheriff of Ward county, North
Dakota, plaintiff and respondent,
VS.. II. w. kennard, as auditor of
Ward county. North Dakota, de-
fcndan and appellant.
Syllabus: 1). Under the provi-
slons OF section $500 of the compiled
s. chapter 112, of the laws of 1915,
which provides THAT the salary of
the sheriff shall be regulated by the
population in his county according to
the last preceding official state OF fed
eral census" the increase in salary
commences at the beginning of the
year after that in which a censu is
reported, and applies to a present in
cumbent Of the Office.
Mandamus to compel the delivery
of a salary warrant.
Appeal from the district court Of
Ward county, Hon. X. E. Leighton. j.,
Judgment for plaintiff. Defendant
appeals.
Affirmed.
Opinion of the court by Bruce, CHI.
j.
Robinson, j., dissents.
Bosard e. Twiford, Minot, attorneys
for respondent.
O.. f. H~erigstad. states attorney
and r. A. Nestos, assistant states at
torncy, of Minot, attorneys for appel
liant.
State Of North Dakota, ex rel,
William LANCER. attorney general.
petitioner. VS.. Carl r. kOsitzky,
as state auditor. respondent.
Syllabus: The mere presence OF.
and participation by, a member of the
supreme court in a case in which he
may be disqualified on account Of his
interest in the result, does not render
the proceedings and judgment Of the
court in that case void, where his
presence is not necessary to constitute
a QUORUM, and his vote docs not de-
tcrlnine the result, although section
100. Of the state constitution provides
that in case a judge Of the supreme
court shall be in n way interested in
"a case brought before SAT- court the
remaining Judges OF said court shall
call one of the district court judges
to sit with them in the hearing of said
cause.
=. Under section 1910. compiled
laws, 1913. providing tho supreme
court shall be always open for the is
sue II return Of all Writs which it
may lawfully issue. and that any
judge of said court may order the is
suancc of any such writ, an order for
the issuance of an alternative writ OF
mandanus. signed BY d, district judge
who, under constitution of North Da-
kota. section 100. had been called. In
to sit in the place of Il member Of said
court who was disqualified by eason
Of his interest, was legally issued.
3. An application to the supreme
court for Il. writ Of mandanlus direct
cd to the state auditor. to require him
to ISSUE his warrant upon the state
treasurer for tho payment Of the ex-
penses Of the judges of the supreme
court. without the filing of an item
lied statement. as provided by sec
ton 40. complied laws. 1918. and by
said section 72O. as amended by sec
ton 9. chapter 224. laws, 1917. in
wolves the p~rerngatives, rights and
franchises of the state government
/ and invokcs the original jurisdiction
OF tho supreme court.
H.. Section 720, compiled laws
, 1918. providing that each judge OF
tho supreme court shall receive the
sun, Of Five Hundred Dollars pc;
annum for expenses, to be paid in
quarterly payments without filing any
itemized statements. is not, if inter
pretcd as providing an additions.
compensation for the services OF the
Judges Of such court. So far as the
Judges now in Office arc concerned
unconstitutional AS heing in violation
OF section %, of the state constitution
providing that tho compensation 70,
the services OF u judge Of tho supreme
court shall not he increased or dtn1in-
isl,cd during the term for which he
shall have hcen elected.
/ =. Section go, compiled laws
i1a13. and the said section as amend
ell ~ section .. chapter 224, laws
1917. providing that each Judge Of tho
supreme court shall receive the sun
of Five hundred Dollars per annnn
for expenses. to he maid in quarterly
payments without filing II itenized
statements. if interpreted as provid-
ing for tho payment of "expenscs
rather, thar for Services" arc not un-
constitutional as heinz in violation OF
either section 80 Of the constitution
providing that the compensation for
the services of a judge Of the supreme
court shall not he increased or dimin-
isl,ed during the term for which he
shall have been elected, or of sec. 1Sf
Of the state constitution, providing that
no bills. claims. accounts, or demands
--.:~.A w. .%o%4 .,l,n1I Io n,r1i%o1 oil.