The Glenwood post., 1918-04-27
ROSENBERG GIVES UP
THE BATTLE
(By A. J. Dickson)


division irrigation engineer, to succeed
Theodore Rosenberg who was appointed
in 1909 by Governor Shafroth. I in
formed Mr.. Rosenberg of my appoint.
ment and he agreed to surrender to me
the office upon receipt of my commits
sion. When this document arrived l
presented it to Mr.. Rosenberg and
asked for the office. He requested that
1 make my demand in writing, which |
did, and he then handed me a written
refusal, already prepared before my
request for the office had been made.
Later Mr.. Rosenberg admitted to me
that I was entitled to the office and
| assured me that l would get it in due
time. He afterwards said he wanted
to hold until the irrigation season of
1915 was over and he had filed his
annual report and then he would sur
render the office to me. After he had
filed his annual report and had at
tended the annual meeting of state en-
gineers, again went to him and made
demand for the office. He then in,
formed me that he had changed his
mind
On March 20, 1916, 1 was appointed
by Governor Carlson under the pro-
visions of the statutes and the rules
of the civil service commission, pro-
viding for temporary or provisional ap-
pointments, and was ordered by the
state engineer to assume the duties of
the office from that date, which l did.
Both the state engineer and myself
made demand on Mr.. Rosenberg for
the property of the state appurtenant
to the office, but the demand was re-
fused. Soon after my temporary ap
pointment Mr.. Rosenberg and I took
cur first civil service examination for
permanent appointment, and on July
26, 1916, l received my permanent ap-
pointment under the 1915 civil service
law.
While l was serving under my tenn
porary appointment Mr.. Rosenberg be-
gan quo warranto proceedings against
me, charging usurpation of the office,
and asked for an order of custer and
for judgment for the emoluments of
the office. Judge Shumate held that
my temporary appointment was irregu,
lar, but the matter of damages or COM
pensation was left to later date to be
disposed of by jury. Later both par.
ties waived the jury and agreed to sub.
nit the matter to the court. AT the
hearing Judge Shumate again held that
my temporary appointment was irreg-
ular, and entered judgment against ME
in favor of Rosenberg for $529.15, the
amount of salary I had collected under
my temporary appointment. This had
nothing whatever to do with my per-
manent or original appointment, which
has never been attacked, and Judge
Shumate at all times refused to con
slider that matter, holding that an action
could not be broader than the COM
plant, which in this case was filed be-
fore my permanent appointment was
made.
l was perfectly content to appeal
from Judge Shumate's decision and
take the case to the supreme cour~
and was preparing to do so when
way seemed to open for a compromise
settlement. The Shaw Capp case and
the Drach McFerson case were both
passed upon by the supreme court
since Judge Shumate rendered his de.
cision in this case, and both gave me
confidence in final victory. The Capp
case seems especially in point, Capp
having attacked the validity of his sue.
cessor's qualifications, but the supreme
court held that he having served the
time for which he was appointed it was
no concern of Capp's as to whether his
successor was legally appointed and
qualified or not. 1t seems to me reas-
enable to assume that the court would
make similar ruling as to Roscn-
berg's attack on the legality of my ap
pointment, his term of service having
expired long before I was appointed.
Frankly, do not see how Mr.. Rosen-
berg could believe himself in the right
in this matter, nor how he could final.
ly hope to win. Neither do I believe
there is another man in the whole d.
vision that would have attacked my
appointment under the same conditions,
and 1 know that leading Democrats
have repeatedly advised him to &C.
knowledge the governors right to ap.
point his successor, and to drop the
litigation. ......
Anyway Mr.. Rosenberg and found