The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-04-23
CITY ATTORNEY
RULESCASHMAN
HOLDS OFFICE
Says Term of Office of
Police Judge Expires
on May Il

Police court affairs in the City of
Bismarck were more scrambled than
ever this morning when City Attor-
ney &. l.. Young handed down an
opinion that the term of office of
Judge w. G. eastman does not ex-
pire until May /. Judge eastman
said today he will continue to hold
court until May and will keep
possession of the records of office
until that time, while Judge w. S.
Casselman declared that he has been
advised by his attorneys that his
term began on April 81 and that he
will hold court at police headquarters
at 8 a. m. every day.
The police, however, say they. will
abide by the opinion of the city at
torney and will bring all cases be-
fore Judge eastman.
According to the opinion given by
Mr.. Young, any court proceedings
conducted by Judge Casselman until
May are illegal. This nullifies the
sentence for contempt of court i'm
posed on Chief of Police Chris Mar
tineson yesterday by Judge Cassel-
man. 1t was the opinion Of the city
attorney that even if Judge Casscl-
man had the legal right to conduct
court the sentence would not be up
held by higher court as the chief
of police is not required to give
any records Of his office to the po-
lice magistrate.
The substance of the opinion on
the term of office of the police ma
gistrate is as follows:
"Section 1888, of the Compiled
Laws of 1918, enumerates all officers
of cities organized under the COM
mission form of government, includ-
ing police magistrate, and Section
1901 names the appointive officers
of such city. The police magistrate
is an elective officer. Section 378e
prescribes that the term of office of
the president and members of the
board of city commissioners shall
commence on the third Tuesday of
April succeeding their election and
qualification and that the "term of
all other officers shall commence on
the first of May succeeding their ap.
pointment unless otherwise provided
by ordinance" There is no ordin-
ance of the city of Bismarck relating
to the commencement of the term OF
its officers. If the provisions OF
Section 1888 do not apply to the Of
flee of Police Magistrate, his term
of office must be held to begin on
the third Tuesday of April follow
ing his election. The opinion then
concludes as follows:
II believe the term appointment
as used in Section 1888 to mean Sc
lection. In this view the last SEN
tence of the section prescribes that
the term of all officers other than
city commissioners shall commence
on the first day of May succeeding
their selection. either by appoint
ment or election. am aware that
the statute has been practically con-
strued in this city ever since its or
ganization under the commission
form of government to mean that the
terms of all appointive officers shall
commence on the first day of May
following their appointment and
those of all elective officers on the
third Tuesday of April following
their election. This practical con-
struction is one which may be sup
ported with very plausible argument.
Though my mind is not wholly free
from doubt, it seems to me that con-
sidering all of the statutory provi-
sions involved it was the legislative
intent that the terms of city COM
missioners should commence on the
third Tuesday of April following
their election, and that the terms OF
all other city officers should COM
mence on the first day of May fol-
lowing their selection however made.
l therefore hold that your term OF
office expires on the first day OF
May next"