The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-03-15
RAY ASHLEY OF
MOUNTRAIL co.
is new MEMBER
]. J. Moe of Valley City Reap
pOinted-GOv. SOrlie Third
Member of Board
FRAHM CHIEF ENGINEER
j. J. Ermatinger, Editor of
Highway Bulletin, Named
Commission Secretary

Reorganization Of the state high
way commission, under the provi-
sions OF the law passed at the recent
Legislative session. was effected here
today.
]. J. Moe, Valley City, one Of the
retiring commi issioners, was reap.
pointed to serve four-ycar term and
Ray $. Ashley, Mountrail county
commissioner, was appointed to takc
the place Of Herman Hardt. Napo-
Icon.
The new law provides for a COM
mission Of the governor and two
men to be appointed by him. The ap-
pointed commissioners will serve
four-ycar terms but are removable
for cause.
The two-year term for Ashley was
made necessary to put the law into
effect
H. c. Frahm. present state en-
gineer. was appointed chief highway
engineer at u salary of $4,000 a year.
HIS former salary was $500 of
which 81 500 was for services as
chief engineer and $1,000 for services
as ex-officio secretary of the high
way commission.
- y. IL muIiHEcT, WHO mas Decu
editor Of the North Dakota Highway
Bulletin for the past two years, was
appointed secretary at salary OF
$4,000, the limit provided under the
new statute. He had been receiving
$4,000 in his former capacity.
No Attempt to Block Move
Contrary to expectation no objec-
tion was made to the reorganization
OF the board under the new law. J.
A. Kitchen, commissioner Of agricul-
ture and labor, who was an ex-officio
member Of the commission under the
old law, attended the meeting.
He raised the question as to
whether or not the emergency clause
attached to the new law was legally
there and was assured by Governor
A. G. Sorlie that he expected to pro-
ceed on the assumption that the
"n nfrgcLc c.sa ase had been legally.
passed
The minutes Of the preceding
meeting were approved and the ex-
ecutive suggested that motion to
adjourn the old board sine die would
be in order.
Kitchen offered the motion pre-
facing it with statement in which
he said that he believed that the
emergency clause had been errone-
ously declared carried and had ap-
peared on the bill as presented to
the governor through mistake of
the legislative clerical force. His
statement expressed his willingness
to continue with his duties as a high
way commissioner. 1t was made
matter Of record.
Kitchen and Hardt left the meet
ing as soon as the resolution making
the old board matter of history
was passed. Kitchen said later that
he would not bring court action to
challenge the validity of the cmer-
gency clause in the new law and that
he would content himself with his
statement appearing on the commits
sion's records.
A possibility was said to exist,
however, that the change at this time
may be challenged when bills and
payrolls approved by the new COM
mission reach the state auditors Of
flee.
May Ask Legal Opinion
1t was indicated that State Auditor
John Steen probably would ask the
attorney general for an opinion as
to his right to pay out money on the
warrant OF the new commission. This
would raise the question Of the val
idity Of the emergency clause direct
~ and probably would result in a
court decision, provided that the at
torney generals advice was to the
effect that the reorganization ut this
time was illegal.
The attorney general previously
has indicated that he believes the
emergency clause on the reorganiza-
tion bill was lost and that the act
would not be legally effective until
July /.
= No appointment of state en-
gineer was made today. The new
law separates the posts of chief high
way engineer and state engineer and
a man will be named to take over the
duties Of the latter office. Governor
Sorlie indicated that such action will
be taken later this week or next
week.
Ashley Is County Commissioner
Ashley, the new member of the
commission, has been a member of
the Mountrail county board of COM
missioners for the last three years
and has taken an active interest in
oad-building in his home commun-
ity. He will resign from the Noun
trail county board in the near fu..
! ture, he said. He is az years old
and operates farm near Plaza, the
home town Of Lieutenant Governor
Walter Maddox.
The commiss sion considered appli.
cations from various counties for
road improvements this morning and
will meet again this afternoon to
consider award Of contracts for ma
chinery to be used this summer by
the maintenance division Of the high