The Bottineau courant. (Bottineau, Bottineau County, N.D.) 1895-1929, 1922-05-04
JUDGE Il. |. berry
SEATS J.,I. CAH|LL

son, on behalf OF the state, served no
tice of suit in the district cour
against j. I. Cahill, to have r. B. Muir
ply declared entitled to the position
as member Of the board of admisitra
tion. =. :../=z-% e.. -: :.
It is held by John Sullivan, attor
ney for the board members, that it'll
! to the office was not decided by tn,
suit before Judge Berry. Cahill wa
declared to have forfeited his office
by Governor Nestos thru failure II
qualify and Murphy was named hi
successor. d" -. s'r..
| Bismarck, N. D. April 27-J. I. Ca
hills claim to place on the state
board of administration was upheld ir
the Morton county district court today
when Judge I'll. L. Berry issued per.
manent injunction restraining R. B
Murphy from sitting as a member Of
the board and forbidding the Other
members of the board to interfere
with Cahill in the performance of his
duties.
At a meeting of the board of ad-
ministration this morning L. L. Stair
was re-appointed warden Of the sttae
penitentiary for two years. Mr.. Stair
filed his oath of office and bond with
the secretary Of state Immediately af-
ter the appointment. 1t was accepted.
Mr.. Stairs first term as warden ex-
pired today. He was speaker of the
house during the 1919 session Of the
legislature and is one of the original
League members in this state. J. A.
Kitchen, commissioner of agriculture
and labor, and Miss Minnie J. Mel
son, state superintendent Of public in
struction did not attend the meeting
when Mr.. Stair was appointed altho
notified. The members present were
Cahill, w. G. Muir and Geo. A. Tot
ten, -Sr. Mr.. Totten leaves the office
May 1, having resigned.
May End "Pie Drive"
Judge Berry's decision will prob
ably end the drive started by Cover
nor Nestos shortly after he took Of
flee last November % to replace Lea
que state officials with I. V. A. ap-
pointees. From the time Nestos was
declared victor in the recall election
he was beseiged by an army of hum
CRY office seekers who demanded re-
wards for having supported him in
the campaign. To keep these support
ers in line it was necessary to find po-
sitions for them and a start was made
with the state board of administra-
tion. n ... T. 70 ~.....,@.~
Early this year Mr.. Cahill and Geo.
A. Totten, ST., were asked to resign
from the board. Both men were ap-
pointed by Governor Frazier and had
just started to serve long terms.
Charges were filed against the two
men. Totten resigned but Cahill re-
fused to go.
Charges Not Pressed
No attempt was made by the Cover
nor to press the charges against Ca
sill but he seized upon a technical
charge, alleging that Cahill had failed
to file his oath and bond as required
by law. The governor then declared
Cahill's place on the board vacant and
appointed Murphy to fill the vacancy.
Cahill denied that he had failed to
qualify as required by law, and when
Murphy attempted to serve as a men,
ber Of the board of administration
Cahill went into the district court and
asked for restraining order. A tenn
porary order was issued by Judge
Berry On April 10. This order was
made permanent today.
Judge Berry's decision today is
generally regarded as of the highest
Importance. A number Of cases are
said to be vitality affected by it. John
Bloom, chairman Of the state game
and fish commission was declared
out of office by Governor. Nestos for
the same reason as was Land Com
missioner w. ]. Prater. Their cases
come up in district court Saturday.
Kositzky Breaks Into Office W.
Carl Kositzky was appointed land
commissioner by Governor Nestos
and is now in charge of the office.
When Prater refused to give Kosit-
zky the keys to the Office Kositzky
broke open the door and put in new
lock. Being refused the combination
to the safe Governor Nestos ordered
it drilled open. This was done. .#:z =
The action of Governor Nestos in
ousting legally appointed state Off
cials without sufficient cause before
their term of office expired and fill
ing these positions with his own po-
itical henchmen, has arousedva great
deal of disgust among the right think
ing people Of the state, according 10
reports. People generally remember
how Governor Frazier allowed the Of
fcials appointed by his predecessor
to serve out their terms. There were
no hungry office seekers goading him
on TO create government positions for
them. No official was removed, ex-
cept for cause.
See Handwriting on Wall
Politcial observers IN the capitol
city are now inclined to believe that
Governor Nestos viii attempt 10 put
4 stop To this spie Dive having been
50 decisively blocked. It Is pointed ont
that Nestos knows that he cannot be
reelected without League votes and
the primary campaign being on. he
will IS far ~ possible refrain from
any action that may tend 10 ALLEVIATE
any farmer-labor votes, 10 his disap-
pointed supporters he can now point