The weekly times-record. (Valley City, N.D.) 1912-1922, 1919-10-02
ATTEMPT TO Use
SUPREME COURT

SUPREME COURT
Judge Robinson of the North Da-
kota supreme court sees IN the actlon
brought by Tax Commissioner George
=, Wallace against State Auditor Carl
Kositzky in an effort to compel the lat
Tor through a writ of mandamus TO
nav the formers salary for the month
of August a political colorlng ana az
effort to use the supreme cou1S loi
political purposes. The letter 1ollows:
Do YOU care to know how the JUDGES
Grind out their decisions? Last week
we concluded the hearing OF argu-
,,s,ts on calendar of thirty cases.
those we propose to decide before
October IA. Now, as there are nve
;ndres, and sin times five makes thirty
~ sach nudge there is allotted the task
" formulating and submitting. an
or;n;on or proposed decision in SIX OF
~ thirty cases, and in addition, each
;,,5re must examine such opinions as
NAV he submitted in the twenty-1ouI
nthsr cases. In each case ne must
concur or dissent by signing the opin.
ion or BY writing speciai opiMoi
o fhis own. When all the Judges con- con-
rnr the opinion is filed with the GERS
aud il becomes the decision OF the
'.onrt. when only three or four 1uoges
conrnr the opinion is filed with the
'.,srk and, it becomes the decision Oh
~ court in ten days after the ming:
TSat is done pursuant to rule Oh
,.nmrt adopted during the present year.
~, nile makes it no longer possible
for one or two judges to delay ana
hold M decision for six months or
. YEAR Fortunately that was no un-
a wear. Formerly that was no uncom.
mon occurrence. judicial courtesy
WAS extended to the point OF apsuro-
itv. lust the same as senatorial court
esy. ,,,,
work table the record and briefs IN
s;~ cases allotted to me. In four cases,
The easiest and simplest, l have writ
Ten and submitted opinions, leaving
~ ,he last the two cases which re-
o,,;re the greatest consideration. That
i the Money and Credits and the
Workmen's Compensation cases:
As YOU know, once upon 'l''le 4
frequently gave to the press my, own
opinions in advance of long delayed
concurring or dissent by the other
Judges. That was contrary to rule'
hi. it was done as a protest against
the DELAYS. l grew tired of having
INV good decisions held up for months.
You know. as the scripture says: mo
man Iehteth a candle and putteth
il under a bushel. Another reason for
giving out opinions in advance was
to ridicule the habit of writing long
winded OF whale decisions and to show
how easy it is for a judge to write
any decision in a clear and concise
manner so that it may be easily read
and understood, and so that it may
be published in the newspapers. The
common people should have a chance
to read the decisions.
Some day, when time permits, pur-
pose to write a general review OF the
state tax levies and expenditures and
to show how absurd it is for the state
to divide its money into forty or fifty
different funds and insist that all it's
SSucIol SApcHSSS NiOot OC pau oAI
of what is known as the general fund.
It is the same as if a farmer were to
put all his money in a dozen banks or
stockings, and not put enough to pay
running expenses in the general ex-
pense stocking. That is the condition
of the state at the present time.
The state has large deposit in ev-
cry bank, with millions in it's own
bank, and yet in the general fund
there is shortage so that the state
auditor has not been able to draw
his warrants upon the general fund
for all the current expenses. Hence,
on September 5, to secure his salary
for the month of August and to obtain
preference over prior claims, the
tax commissioner commenced man.
damus suit against Carl Kositzky,
state auditor. Three judges decide
that the auditor should have drawn
his warrant for the salary, and two
judges dissent. One reason of NV
dissent IS that procedure has a
political coloring and that it's real
purpose was not merely to obtain a
months salary in advance of other
claimants, and that our court must
not be used for any political purpose
Ihen, the case presents a question of
common courtesy and politeness which
snould prevail among all state off,
Gers, II not among newspapers and
ed1tors.-James E. Robinson.
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