The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1920-01-05

lOFlIdl dppllcdLlOu LOT an llLeT-
native writ Of mandamus to require
State Treasurer Obert A. Olson to
show cause why he should not pay
salary vouchers approved by the state
auditing board made to the supreme
court Saturday evening by Assistant
Attorney General Albert e. Sheets.
Jr., is the actual first step in tho
campaign which insurgent league
state officials will make in an effort
to legally substantiate their claim
that the act OF the special session
declaring all other acts OF that ses-
sion emergency measures immediate
ly effective Is unconstitutional and
null and void.
Payment Was Refused.
Saturday evenings action was
brought by the state ex rel William
LANCER, attorney general; Carl Z.
Kositzky, state auditor, and Rachel l..
Morris, stenOgrapher in the state
auditors office. In his statement OF
facts Assistant Attorney General
Sheets on behalf Of the state sets
forth that Rachel Morris was spe-
cially employed in the Office of the
state auditor from December 20 to
December 81; that December 20 q
pay voucher for the sum Of $40 to
apply on her salary was duly audited
and approved by the state auditing
board and state auditors warrant
for that amount was drawn; that
such warrant was presented to the
state treasurer for payment and that
there were sufficient funds In the
contingency fund to pay the same, but
that the state treasurer refused pay
ment, declaring its legality in Ques-
tion and asserting the proprietry OF
making such payment was question
for the supreme court to decide.
Acted Under New Law.
The state, treasurer refused pay
ment as result OF special amendment
to the general budget bill passed for
the present biennum at the regular
session year ago. such amendment
providing that the contingent fund Is
Ito be used only in complying with
! the new laws other than the regular
budget" and appropriating $4,000
therefor. Miss Morris being a A.le-,
cial employe, her warrant was drawn
on the contingent fund, under laws
existing prior to the calling of the
recent special session. ,s
The state contends that the amend
ment under which the state treasurer
presumes to act Is not now in effect
and cannot become effective under
the terms of the constitution until
the first of next July, and there Is
quoted Section 81 of the North Da-
kota constitution which provides that
mo act of the legislative assembly
shall take effect until July l after
the close of the session, unless the
legislature by vote OF two-thirds Of
the members present and voting. In
each house, shall declare it an emer-
gency measure, which declaration
shall be set forth in the act+""."
House Bill 60 Null.
The state contends that House Bill
! 60, which provides that whereas the
constitution of this state fails to de-
fine time within which laws enacted
at any special session shall take ef-
feet *"*""* therefore all acts OF any
special legislative assembly Of the
state of North Dakota shall take -e1-
feet within ten days after the close
| of any such special session, unless
, the legislature by vote of two-thirds
of the members present and voting
in each house shall declare it to be
an emergency measure, in which
event it shall take effect from and
after it's passage and approval by
the governor" did not itself receive
a two-thirds majority vote Of the
members elected to each house.
/ The state contends that House Bill
60, which seeks to give immediate ef-
feet to House Bill a., which is the
amended budget bill, "DOes thereby
attempt and presume to eflectuate
and, accomplish the repeal of the
emergency appropriation for the
state auditor" contained in the ses-
sion laws OF 1919, and that said House
Bill 60 "contrayenes the constitution
of North Dakota and is therefore un-
constitutional and without validity and
null and void"
Referendum Demanded.
There is set forth the fact that
December 20 Secretary of State Hall
in compliance with amended Section
25 of Article 3 of the constitution
certified to Governor Frazier that
lIlcTc udtl Utci lllcu III ulS OAuCC 6OON
and sufficient referendum petitions
upon House Bill 60, with the names
Of duly Qualified electors signed
thereon in the number of $4,000; that
by reason of such certificate House
Bill 60 became imperative and with
out force or effect until an election
in compliance with the constitution
as amended has been had and ap-
proval of the bill given by the elec-
tors voting thereon.
The petitioners represent to the
court that the question raised in
wolves the rights and sovereignty Of
the state and affects the welfare of
| the state and the well-being Of all
its people, and that there is Ques-
ton publici juris in that claims and
accounts in large amounts are be-
fore the auditing board and their pay
ment depends upon the determine
ton OF this question; that responst-
bilities and powers of the persons oc-
cupying the various state Offices are
wholly dependent upon the outcome
of questions presented; that the func-
tions of government in the depart
Ef1ar&io,oH an Do0o Ci~l