The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-05-07

! Under date Of, May 5, Treasurer
.Mitohell4wrota the attorney sgen eral as
follows: b.
''As treasurer Of the city OF Fargo,
am custodian of its funds and am
Interested in knowing how they are at
fected by some of the laws which
were passed by the last legislature. y
published reports FROM tth .
legislature show that House Bill No.
II which is called the industrial com,
mission act, and which gives the man
agement OF the bank Of North Dakota
to a commission of three men, was
passed with the emergency clause and
is now in force; and also that House
Bill No. IS, which creates the Bank
OF North Dakota, in which all public
funds are required to be deposited un,
der penalty of 80 days in Jail and a
fine of not less than 500 against
those who fail to comply, was also
passed with the emergency clause.
'The vote in the house on these two
bills, as recorded, shows, believe,
that there was just enough votes to
carry the emergency and put the two
acts into immediate operation, and
that there is not a vote to spare.
"The records in this state show that
two of the members of the house who
voted for these two bills, and whose
votes! were recorded and counted in
order to l'carry the. emergency, have
been previously convicted OF Infamous
crimes in this state, and for that rea-
son they are not eligible to sit in the
legislature or to vote. '
Herman hardt was convicted on
his own plea OF guilty in the federal
court here in Fargo OF violating the
laws, on three different
and served his time in
the Cass county Jail. The punishment
which could have been inflicted on
each indictment had he been given the
highest punishment was fine of not
more than $1,000. or imprisonment for
not more than five years, or both. He
served the penalty which was imposed
in the Cass county Jail at Fargo. You
will find the records in this case vita
the clerk of court Of the United States
court here.
Der who voted for these bills and
whose vote was essential to carry the
pleaded guilty in the dis
Lrict court of Burleigh county to the
crime of robbery in the first degree.
On the plea Of his, father that he was
only twenty years OF age, when he
committed the. crime, he was SEN
fenced and served his time in the state
reform school at Mandan instead of
being sentenced to the penitentiary
The record in this case will be found
in the office of the clerk Of district
court for Burleigh county.
"The record shows that both of
these men voted for the two bills re.
ferred to, and that the votes were re-
corded and counted and were essential
10 carry the emergency. ...
"Under the constitution man to be
eligible to the house must be an cleo.
.or, and a man who has heen convict
ed of felony is not qualified to vote
II any election, unless he has been re.
stored to his civil rights. | under
stand that neither of these men. has
oeen restored to their civil rights.
However that may be, there is an
1ther section which makes them Who'll
~ ineligible. It is section SO Of the
which reads: No mem
Der of the legislative assembly eX
PEELED for corruption, and no person
convicted of bribery, perjury or other
Infamous crime shall be eligible to the
legislative assembly or to any office
in either branch thereof
"Will you please investigate and
verify these facts in regard to these
Continued on Page Four.)