Seward daily gateway., 1927-05-20
MORE ON W|CKERSHAM
Continued from Page 9

He cOntended their work was through with when the Legislature adjourned sine die. Every day during the session they signed the journals and when they affixed their sigma lures to the journal of the proceed ings of the final day, they picked up their hats and walked out, and their work was done, he argued. Appro- priations for overtime, etc., he termed as illegal and made without authority sof law
 No Law, No Appropriation
 Yesterday afternoon Mr. Wicker sham argued against the items ap- propriated for the Governors office. He declared the Legislature never had passed any law authorizing such ap- propriations. and there being no law, there can be no appropriations. It wasn't sufficient, he cOntended, to in- clude such items in the apprOpria- stiOns bill. It was and is the purpose of Congress to keep separate and dis tinct the Federal and Territorial gov ernments and action which would null lify that purpose, he urged, is null and void. He contended neither the Gov ernor nor his Secretary could hold any office under the Territorial gov ernment. Any legislation which sought to give them such office was uncon- stitutiOnal
 MT Hellenthal, who preceded him, had argued that the Legislature had all the necessary power to make itself useful During the course of his re- marks, MT Wickersham retorted that no Legislature could be useful which violated the Constitution of the Unit ed States, and added Tt then be- comes a menace to government"
 Officers Are Represented
 Gov George A. Parks and Secre- tary Karl Theile yesterday afternoon came directly into the injunction suit being given permission by Judge Reed to file complaints in intervention against the issuance of the permanent restraining order.
 The admission of the two officers was strenuously opposed by the plain tiff, who questioned their right to in tervene and the right of Hellenthal x Hellenthal to represent them in the hearings. His objections were over- ruled by Judge Reed, and demurrers entered in the complaints in interven- ton were taken under consideration. Rustgard Quotes Statutes
 Attorney General Rustgard opened the debate yesterday afternoon speak ing on his own demurrer to MT. Wickersham original complaint. He said he was not going to argue any questions of law on any Of the issues for the simple reason that the Attor- nev Generals office had at various times taken a position not far diff ferent from that which MT. Wicker sham occupied on some of the items. He recited what he believed to be the questions to be decided and quoted statutes he considered to be governing. He expressed no opinion as i to the legality of the appropriations attacked. but the trend of his argu- ment seemed to indicate his doubt ot the validity of at least some of them.
 Had No Official Opinion
 The Attorney General disclaimed holding any official opinion and said his client, Treasurer Smith was mere ly concerned to the extent of having the court rule on how far he mlgh' go under the appropriations act
 What is your view about is?' ask ed Judge Reed
 q am merely raising these ques tions," responded MT. Rustgard.
 Judge Wickersham will probabl! raise them" commented Judge Reet dryly.
 To which Attorney General Rust gard renlied: Under the circum stances I have no official opinion,
 addinn his interest and that of MI