The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1932-12-15
CASE IS PRESENTED
TO DISTRICT court
BY FOLK ON PAYROLL
More Than 1000 Persons and
Christmas Pay Checks Are
Involved in Case
MEANS $1,000 TO BISMARCK
Four Different Counts Urged
Against Statute Enacted BY
Voters Last Month


filed in the Burleigh county district
court and now Is scheduled to be ar.
gued at 4 p. m. Thursday.
The case involves more than 1000
persons on the state payroll and eff
forts are being made to obtain de.
cision before Christmas in order that
persons affected may know the re-
suit before that time. Unofficial es.
Inmates indicate that 1t may affect
the state payroll In Bismarck to the
extent of $1,000 for December.
The petition, In which the state OF
North Dakota is plaintiff ION rela-
ton Of John Gammons" as secretary
Of the state industrial commission,
was presented to Judge r. q. McFar-
land in district court last Saturday.
Judge Mcfarland later signed an
alternative writ Of mandamus, d.
recting the state auditing board.
named as defendants, to either pay
Gammons the salary which he has
previously drawn or show cause why
it should not do 50.
Argument on this action, with At
torney General James Morris repre-
senting the auditing board, was de-
layed until Thursday because Of tho
press of other business before Judge
Mcfarland.
Plaintiffs Seeking Speed
The plaintiffs Thursday were press
ing for all possible speed in the be.
lief that, regardless Of the ruling Of
the district court, the case must be
taken to the supreme court for final
decision.
Gammons, as secretary Of the state
industrial commission, alleges that he
is entitled to $233.34 as salary for De-
cember but that the auditing board,
acting under the initiated salary-re-
ducing measure, allowed him only
$i97.2l. He alleges that the statute
Is null and void because In contra
vention Of four different sections Of
the state constitution.
The case is frankly designed as .
test of the new law and the precedent
established in the Gammons case viii
be followed in writing other pay
checks.
Meanwhile 1t developed Thursday
that those employees who operate UNI
der the direction of non-salaried
boards probably will receive no pay
checks until the case is settled. The
initiated law provides that employees
shall receive no more than members
of the boards which employ them. The
capitol commissioners receive nothing
and employees OF that body will re-
ceive nothing unless the law Is held
invalid. State Auditor John Steen
has not yet issued warrants to en-
ployeS in this department.
The four specifications of unconSti-
nationality made in the complaint fol-
low:
Specifications of Challenge
l. THAT said pretended statute
wholly fails to comply with the re-
quirements Of Section "a Of the Con-
stitution in that said section purports
to be an amendment of other laws Of
the state Of North Dakota and fails
to re-enact and re-publish such sta
tuteS as amended.
2. THAT said pretended statute fails
to comply with and Is in violation of
Section 81 Of the Constitution, In that
the said initiative measure discloees
on its face that it embraces more
than one subject which Is not express
ed in its title.
3. THAT said pretended statute Vi
olates section II Of the constitution
in that the said pretended statute
purports to be Of q general nature
and will not and cannot have . uni
form operation In that where tho
said statute refers to persons who
were employed by the state Of North
Dakota in the month Of January,
1892, and does not include persons
employed subsequent to that date.
the same Is not uniform In its opera
ton as to persons employed by the
state Of North Dakota, and Il tho
said act be construed to mean posi-
lions IN existence In January, 1892,
then the same Is not uniform in its
operation in that It would make Z
distinction between positions existing
on Jan. J., 1882, and those that wero
created subsequent to that date.
4. That the said pretended
statute Is void for the reason that
the same Is incomplete and uncer.
tain In that in its operation 1t would
affect several hundred statutes and
amend the same without making any
reference thereto or specifying wnicn
particular statutes are being amend
ed or affected, and it does not desig-
nate to whom it refers or supply the
source from which the information
could be obtained as to what officer.
or employees are involved. what SAL
aries are affected or from what
source the salaries are being paid.
That the statute discloses on it. face
that the same Is incomplete IA that
1t purports to reduce and fix salaries
Of employees Of the state Of North n.
kota whose salaries are not otl1er.
wise fixed by law, without degienat.
Ing what officers or employees axo
covered thereby