The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1922-03-01
CAHILL, BLOOM
DISQUALIFIED,
GOVERNOR SAYS
Notifies Board of Administra-
tiOn Office He Failed to File
Oath of Office
AUTOMATICALLY OUsTED?
Failure of Men to File Oaths
Held by Executive to Dis
qualify Them
AUTOMATICALLY OUSTED?

quarry 1nem
The offices Of J. I. Cahill as member
of the state board of administration
and John Bloom as fish and game CON-
missioner have been declared vacant
by Governor R. A. Nestos.
The declaration is based upon the
alleged failure of either Cahill or
Bloom to qualify for the offices in the
manner provided by law, in filing their
oaths of Office, and by this failure
they are held to automatically have
disqualified themselves from holding
the positions.
Governor Nestos has appointed El
mer T. Judd of Cando to succeed Mr..
Bloom as fish and game commission.
er. He has not appointed success
sor to Mr.. Cahill Since both Cahill
and Bloom held office on reappoint-
ments they held over, under the law,
until successors were named and
qualified.
1t is reported that one or two other
Nonpartisan office holders have dis
qualified themselves from Office by
failure to qualify as provided by law
and their offices will be declared va
cant and successors appointed.
Mr. Cahill said this morning he did
not care to- make a statement at this
time, but might later. in the day.
He said he had not had time to look
into the matter.
The discovery Of the failure of Ca,
hill to duality for Office came, it is
understood, when q check-up of rec
Ords was being made preparatory TO
filing formal custer charges against
him. Sometime ago Governor Nestos
demanded Cahill's resignation and no
titled him custer charges would be
brought for alleged deficiencies lin 5tae.
conduct Of his office. vT#,,s
Makes Two Removed
With the automatic removal Of Ca
hill and the resignation of George Tot
ten, effective April 30, R. T. Muir will
be the only Nonpartisan appointee
left on the board of administration,
which manages the various state IN
stitutions. -...l
Mr.. Cahill was first appointed by
Governor Frazier to fill out an un-
expired term of P. M. Casey. He was
reappointed last July for a six year
term, ending in 1926. Mr. Cahill quail
fed for his first appointment but fail
ed to qualify for his second, it is al
legged.
Elmer Judd, who succeeds Mr..
Bloom, is, according to the governor,
a thorough sportsman deeply inter
ested in native game and fish and has
published a book upon the subject. He
will, the governor said, take a keen,
intelligent interest in the fish and
game commission.
Law In Matter
The law, understood to be relied on
in the Cahill and Bloom cases, fol-
lows: &%3
Section 6S3 of the compiled laws Of
1913, entitled vacancies, How Caus-
ed,' says that every Office shall be-
come vacant on the happening of
either of the following events" and
under the 9Th event is listed Ellis fail.
ure to qualify as provided by law"
Section 661 provides that leach
civil officer in this state before en-
tering upon the duties of his office
shall take and subscribe the oath pre-
scribed in section 211 Of the constitu-
tion. Such oath shall be endorsed
upon the back Of or attached to his
bond in case Of an officer required to
give bond or endorsed upon the back
or attached to the commission, ap-
pointment or certificate Of election, in
case of an officer required to give
bond"
Section 662 provides that "the bonds
c%ofo on1 dicfr nffioor shall
be given to the state, shall be appnov-
ed by the governor as to sut1ciency,
and by the Acknowledgement as to
form, and such bonds, and dupli-
cate original of the oaths of all other
such officers shall be deposited in the
office of the secretary Of state" The
section further provides for the max
ing of the record.
Board Act
Section No. 2 of the board Of admin
istration act provides "The appoint
i've members of said board shall give
all their time, to the duties of said
office, and shall furnish bond in the
sum of ten thousand dollars in the
manner required by law, and each OF
them shall take the oath of office and
qualify in the same manner as other
officials, and shall receive salary OF
three thousand dollars per annum and
all travelling and necessary expenses
while in the district of their official
duties."
Section $500 of the compiled laws
of 1913 says that "every person who
executes any of the functions of a
public office without having taken and
duly filed the oath of Office, or with
out having executed and duly filed
the required security, is guilty OF 4