The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-12-29
FRAZIER THROWS
DOWN GAUNTLET
TO OPPOSITION
Governor Tells Insurgent Mem.
bers of Auditing Board
They Are Through
GUSTS LICENSE BUREAU
Informs Attorney General No
Bills Incurred After Dec.
FL Will Be Paid
GUSTS LICENSE BUREAU

Governor Frazier this morning threw
down the gauntlet to insurgent mem.
bers Of his administration when he
notified members OF the state auditing
board, meeting in regular session. that
the old board was through; that the
act OF the recent special session re-
moving State Auditor Kositzky and
SecIe AIRY Of State Thomas Hall from
the board and substituting for him
commissioner OF Insurance Olsness
had become effective December 2l, and
that all other acts Of the recent ex.
tr;prdinary assembly became effective
on the same date, The governor also
advised Attorney General LANCER. who
is member OF the board, that no bills
presented BY the state licensing depart
ment, which the legislature in special
session removed from the attorney
generals Office, would be recognized
by the auditing board from December
q on.
There was hot interchange of com.
pliments between the state auditor
the attorney general and the secretary
OF state, insurgent leaguers, and the
governor. Governor Frazier at first
objected to the old boards meeting al
all, insisting that it had gone out OF
business December q, but the old
members Of the board stood their
ground and proceeded to function
Commissioner Olsness, one of the new
members of the board, is not in the
city, and State Treasurer Olson is In
a hospital and could not be present
at this mornings meeting.
Inc opposition has not intimate,
what steps it will take to prevent Gov
ernor Frazier from enforcing the acts
of the special session under the terms
Of House Bill 60. giving all laws i'm
mediate effect, but it is expected tina,
mandamus proceedings will be insti
tuted in the supreme court. g
HALL MAKES PROTEST
Following Frazier's announcement
that under the provisions of the new
law the membership of the auditin;
board changed December 81: that. MI
Olsncss was not in the city. but a.
soon as he returned a meeting Of til,
board would be held and that pendin'
such meeting he would object to th'
payment of any vouchers for the poo
hall department. and to the attorne.
generals department for services sub
scqnent to December 81. Secretary o
State Hall served notice that he woul,
protest against these new laws being
put into immediate effect. and that hi
would protect his seat and membership
on the state auditing board
4 am firmly of the belief that III,
law providing for a change in tn,
membership cf this board was not al
emergency measure, as enacted by tht
recent extraordinary session Of thu
legislative assembly, said Mr.. Hal
He contended further that "it did no.
pretend to be an emergency measure
and that house bill NO. 60. which pur
ports to place all of these measures
enacted by the recent extraordinar!
session OF the legislative assembly into
effect within ten days after their ap
prOval and being signed by the COVER
nor is in direct contradiction Of tht
constitutional provisions, and tha
House Bill 60. in itself failed to re-
cevc a two-thirdS vote of the house a
the time of its passage. and. therefore
snch n measure cannot logically confer
life upon other members which ind
vidually failed TO :eceivr tho neccSsar!
twothirds vote in the legislative as
scmbly in order to declare them emcrg
cncy measures
WILL SEEK LEGAL RELIEF
Mr. Hall insisted that thc record.
show that he would seek relief through
the courts to protect his membership
on the state auditing board and tina
he gave notice that he would seek Il
have the business transacted by tn;
new organization. if any be performed
set aside and invalidatcd Statr Audi
tor KositZky protested for the SAM
rcA sons.
The secretary of state further con
tended that The filing Of referendum
petitions against House Bill go anto
matically suspended its operations I'm
til the people could he given a chance
to vote on It. this precluding any DOS
sibility of II. r. COS having any effec
whatsoever npon any act Of the recen
special session.