The weekly times-record. (Valley City, N.D.) 1912-1922, 1919-09-11


quested time to submit brief. He
was granted four days.
Reports of the examiners who have
been working on the records of State
Auditor Kositzky's Office for the past
month were used Tuesday. as a. basis
for the mandamus action brought be-
fore the supreme court by Tax Com
missioner George Wallace to secure
his salary warrant. Kositzky cites in
his brief that prior to the Wallace
claim there were S172,875.67 of un-
paid bills and since then there have
been $78,464.64 additional claims with
no money in the general fund to pay
them. IT, u.
Wallace based his suit on the
grounds that Kositzky did not have
the right to transfer funds paid by
counties for care of insane, feeble
minded or tubercular patients to the
three separate institutions. Kositzky
cited Section 2572 which reads "And
the state auditor shall pass the same
to the credit of the hospital for the
insane" and clinching his authority
by citing Section 1858 which in part
heads Each county shall pay the
charges for the care of patients to the
state treasury to become a4fund = -
for the maintenance OF the institu-,
ton" 81,
blowing the lead of governors Of
other states Lynn Frazier has issued
a proclamation setting apart Sept. II,
1919 as Constitution Day. The pro-
clamation has been received with
much interest and it is styled "self-
whitewash" of Frazier Labor Day
speech. The governor in his second
Whereas" indicates that the consti-
tuition is not all it should be. The
proclamation is as follows:
Whereas, The Constitution of the,
United States is recognized as the
greatest guardian and most powerful
champion of the peoples liberty
standing like the beacon light Sof the
Goddess of Liberty and guaranteeing
to the people the most sacred rights.
privileges and opportunities of any
land, and
Whereas, In appreciation of the
rights and liberties made possible to
us through the medium of the Con-
stitution, and believing that this guar
anty of the peoples rights should at
all times be upheld and respected, de-,
spite the efforts Of the enemies Of
progress and justice to direct the pow
er of this great institution to further
entrench themselves in strategic posi-
lions where they may continue to prey
upon the producers of all wealth, and
Whereas, The people of this state
have proven most sconclusively that
they stand alike, in peace and war for.
justice to all and special privileges to
none-for free assembling for free
dom Of speech and press, and for the
observance of law and order.
Now, Therefore, as governor of the
State Of North Dakota, ! hereby desig
nate and urge that Wednesday, Sep
TENDER Seventeenth, be observed as
Constitution Day, and specially urge
that in the observance of that day
that we as people re-dedicate our
selves to the high ideals and noble
purposes for which the Constitution
stands, and be resolved that these lib
critics shall be safeguarded and held
inviolate, not only for ourselves, but
for all succeeding generations.
Done at the Capitol at Bismarck,
this 9th day Of September, A. D. 1919.
By the Governor:
LYNN j. FRAZIER,
Governor.
THOMAS HALL,
Secretary of State.
The final hearing of the Neil Mac
donald fight for the Office Of superin-
stendent of public instruction was held