Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1921-04-07
OFFICIAL AND INDIVIDUAL,

Nh. Hasan makes a distinction between John N.
Hasan the individual and John n. Hagan the public Of
heaal. That such distinction must be made. will not be
disputed. II Mr.. dagan owns = farm, or a bank, or a
store, it is AZ IN individual. The fact that he holds a pub
lie office does not render the state liable for anything that
ne may do In the conduct Of hts private business.
But it has been found necessary to place certain linn
ITS on the activities Of individuals who happen, also, to
he public officials. While due recognition 10 given to the
difference between the individual and the onacial, it has
been the opinion Of lawmakers for a good many genera
tons that this difference alone is not sufficient to protect
the public interest in all cases where the public interest
happens to run counter to it. For the protection Of the
public it has been provided In legislation running back
several generations that an ohhciAl. acting foa the public,
may not make contracts or enter into business relations
with himself az an Individual
Not long since one J. r Burton, a Nonpartisan ieaSue
worker from Kansas, made a tour Of North Dakota for
the ostensible purpose Of investigating the workings Of
the Nonpartisan league in this state He returned home
and sent cut a glowing eulogy Of the league and its man
Asenent. which is what he came here for. At one time
Mr.. Burton was a United States senator from Kansas.
While holding that Office he practiced law before a feder-
a department. He lost his seat in the senate and served
sx months In Jail for doing 50. Doubtless he would have
said, as does Mr.. Hagan, that he was acting as an indi-
vidual, and that his senatorship had no connection with
his prosecution Of the claims Of a client before a depart
ment of the government. But the trainers Of the law
followed a we'll recognized principle when they enacted
thkt while a man served as the maker of laws he should
act ~ private counsel IN matters involving the admins
tradon OF the laws which he might help to make. It is
obvious that lacking some such prohibition an unscrup-
nlot1s man would be apt to forget his dual capacity and
ieEislate in the interests of his clients.
Representatives Of the railway employees in the hear
Ing now being conducted by the railway labor board,
charge that certain railroad directors or favored stock
holders have organized separate corporations to deal in
materials needed by their roads: that contracts have
been let to them at exorbftant figures; and that in this
way they are making money while the roads are losing
Hero We have an illustration Of the danger Of the repre-
sentatives OF general interests being permitted to make
contracts with Themselves. Separate entities are easily
forgotten, and the creed Of the individual asserts itself.
The North Dakota law was intended to prevent this
sort OF thing. But Mr.. Hasan can so no reason why he
shoSdd not apply to the proper state association for
money to buy a house or for . loan on his farm. The
specific prohibition Of tho statute does not appear to
Weigh heavily with him. But aside from the statutory
provision. the sentlsrnan's explanation provokes a smile.
He Gays that he went to the manager Of the Home Build
Tag association snd asked II he could have a house butlt,
snd tho omctal a0ented. Similarly be went to the farm
toaa bureau and applied there for q losn and got 1t, just
- any other person t&ould hs.e dona.
M. Hagan 10 one Of tho three members Of the Indus
trial commission. and. ~ such. he helps to hire and IRE
das haads Of IN the bureaus and aaDociAttons ct. bushed
under authority Of the commission. The manager Of
[saAA Of these subordinate agencies IL not his own ap-
potntse. suppose these applications for loans had been
fsfussA. how long would the ,omc3als refusing have bsen,
|aseEs n their positions?
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