The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1921-06-04
STATE A CANNOT
PAY FOR PROBE
COURT RULES !.
Three to Two Decision Of su'
preme Court In Question
on Legislative Probe
TWO JUDGES DISSENT
One House Should Not Have
Power to Tie Hands of
Other, Birdzell Holds

tlOn nor authority TO warrant the
appropriation by the house of repre-
sentatives Of money to pay the ex-
penses OF the independent investiga-
ton OF the conduct Of state industries
made by that body during the session
Of the legislature last winter.
The decision was made in the case
started by C. c. Wattam in behalf Of
girl stenographers employed by the
house audit committee, against the
state auditor to compel him to pay the
bill which had been rendered and ap-
proved by the house of representatives.
"A legislative enactment, expressing
the legislative power of the legislative
assembly, pursuant to express const,-
tutional provision, concerning the en-
ployees of each house and its expenses
is paramount to the independent ac-
ton of each house, without the con-
currence of the other" sssi Judge
Bronson, who wrote the leading opin
ion Justices Birdzell and Christian
son *dissented.
Must Be Authority.
Pursuant to constitutional require
ments," continued Judge Bronson
there must exist a legislative appro.
priati0n to warrant disbursement b.
the state auditor in payment Of the
expenses Of each house. E.
"A legislative enactment may pro-
scribe the circumstances under which
a legislative appropriation may be dis.
bursed."
Can Investigate.
Judge Bronson, In his opinion, docs
not question the authority Of the, house
to appoint the investigating commit
tee, and states, the petitioners showed
! that the investigating cpmniittes was
appointed, hired employees. made re-
port to the house and it was accepted,
but holds than an appropriation to pay
the expenses Of the employees can only
be made by both branches Of the leg
islature. .s.s... II. Essl ,.r..
Judge Robinson signed the Bronson
opinion and Judge Grace in short
statement said that he c0ncurred in
the result at which the main opinion
has arrived. -. s.'a .
sees Han0S Ile0s
i II am aware of nothing in our legis-
lative history that furnishes basis
for such conclusion as a practical
conclusion as a practical construction
of the legislation touching this sub
ject matter, and it certainly makes
one house dependent upon the other
to an extent heretofore uncontem
plated" said Justice Birdzell, dissent
ing. "All the legislation clearly indi-
Gates that each house is to act inde-
pendently in the performance OF Its
legislative functions but under tho
construction of the majority opinion
in this case each can tie the hands OF
the other at will. The purse strings
are admittedly in the hands Of the leg
islature. and both houses combined
through appropriation bills, may ex.
ercise wholesome restraint upon the
powers of each house to incur ex.
penses. But where the appropriation
is made and either house has proceed
ed in good faith, as must be assumed,
to exercise the powers conferred upon
it and has incurred expenses within
the appropriation in 80 doing, in my
opinion 1t is more consonant with the
dignity of the state to meet it's just
obligations than to seek to justify d
refusal by restricted construction OF
legislative cnactments never before
given such an application.
Should Pay Bills.
In my opinion the compensation Of
the relators in the instant case should
be paid as an item of expense 'autnor-
ICED by the legislative assembly with
in section AZ C. l.. 1913, for meeting
which there is an existing appropria-:
ton. But the case Of the relatOrs !s
even stronger than this. They are
legislative employees. 1t must stand
aamltted, as previously pointed ou:,
that one house does not need the as
sent of the other for the hiring of ad'
ditional employees. This is according
to the express language OF the stat
ute The only reason assigned by the
majority for not directing payment to
these employees in that they were as
signed to duty with an investigating
committee which functioned without
the assent of the senate. 1t is re-
spectively submitted that the relators
do not lose the character of legislative
employees by reason of being assigned
to work with an investigating commit
tee. Clearly the writ should issue
Judge Christianson signed the Bird
cell opinion.
The total expenses Of the house
audit committee amounted to $l4,-
S93.75, of which about $4,000 was for
stenographic hire, the subject Of the
law suit. Other amounts were for
Francis Murphy and John F. Sullivan,
attorneys, E. o. McCutcheon, investi-
gator, and Staale Hendrickson, mar
shal..
The activities Of the committee, to-
gether with that Of the senate COM
mittee, aroused legislative members 70
fever heat during the session.