The Nonpartisan Leader Newspaper, February 10, 1916, Page 4

Y N e g AN Y TS5 T : k3 g i sl #FODR As 2 matter of public policy and as a bulwark against corrupt prac- tices the people of North Dakota. when the state was organized decided: That no member of the legislature, - during the term for -which he was elected, could be appointed or elect- ed to civil -office ‘which ‘was ereated or the compensation of “which had been inncreased during the legislat- or’s term. The purpose of this was to.prevent a legislator having to do with or voting for the creation of an office or to tincrease its emelu- ments and then personally profit by it i That mo member of the legislature «could receive any civil appointment from the :governor, or governor and senate, during the term for which he was elected. This was ‘to pre- wvent a Jlegislator trading his influ- ence in lawmaking for a state job. These ‘prohibitions are contained in | Section 39 of the constitution. Constitution Violated Governor L. B. Hanna on November 30, 1915, appointed, W. B. Overson of Williston a member of the state board of control, to fill the vacancy left by the resignation of J. ‘'W. Jackson -of Williston. Mr. Overson was -elected from ‘the 45th legislative district at.:i the general election in 1912 and took the oath of office January- 7, 1913, as a state senator (Page 4, Senate Journal, 1913). His term as senator was for four years (Section 27, con- stitution of %Iorth Dakota) and it Efild not .expire until Januvary 17, Senator Overson was prevented from taking office by an opinton: of L_Atto}‘ney General H."J. Linde, hold- ing it would clearly be a violation of ‘the comstitution for him to at- tempt to hold the job, regardiess of the governor’s attempt to give him the position. ‘Overson resigned from the senate before aceepting the ap- pointment, but that made no differ- ence under the terms of the consti- tution. Since Governor Hamma Ileft the -state - shortly after making the ‘appointment and Acting' Governor Fraine bas not mamed anybody -else; the vacancy still -exists on the board of control. Purceli’s Case J. 'T. Pureell was appointed by the : fish and game ‘board, of the stabe as secretary to the hoard last summer at a salary of $1200 a year. The bhoard -is appointed by ‘the governor and the board’s appointment of the secretary is of course .a Hanna ad- ministration -act. Mr. Purcell when appointed was a member. of ‘the-house of representatives, having been elect- ed in 7914 from the ninth (Fargo) district. He ‘took the.oath of office as representative January 5, 1915 (1_’age 3, House Journal, 1915) and, his term of office would expire Jan- -nari[;‘i, 1917. “Mr. Purcell comes under the con- stitutional prohibition of section .39 and is holding office contrary to the constitution,” said Attorney ‘General Linde, discussing this case :and the case of Overson with the correspond- ent of the Leader. Still Holds ‘OFice Despite this view by the state’s: legal adviser nobedy has raised the question of the Hanna administration permitting this-uneonstitutional office lding and ‘drawing of :salary ‘from the public funds. The attorney gen- State Auditor Replies to Tax Commission :md Or y Stg.te Auditor Carl 0. Jorgenson thas -issued n statement replying to eriticism «of the mew personal prop- erty.schedule for .use in North .S'a;ko- 4a and among other things raps the state tax commission for recommend- ing the adoption of the Minnesota scheme ~of personal ptoipert_y -assess- aent. The ‘Minnesota plan, says Mr. nge.nm,_ #does mot ‘have -only ~four lassifications: for property, as stated by the ‘tax.commission .president, F. E. Packard, ‘but contzins a multitude «of sclassifications. .. “The North Dakote #tax -commis- sion,” says ‘the state auditor, “ad- mits having tried to adopt the Min- mesota system so it -will ‘mot rbe out of place for me to show you. what the Minnesota systeém is and explode ithe idea that the Mimmesota: 48 just the thing for North Dakota. Eax conditions in the two states.vary S0 much that ‘Minmesata’s overcosat z{;fi;flhfi mot shang right on Nerth Da- a. Quotes Classifications Mr. Jorgenson then quotes the Spores of classi i =gno ~wthich Minnesota property sowners saust di- “vide “their pgeods for ‘taxation. "He -co&‘&lrzlxlues: M 44 : *When we . ap -bhe -Minmessta schedule for ‘the .:asx?essmex}t of real ‘estate wve ‘find ‘the following: “City real estate is assessed at 83 -3 per - .83.1-3 per cent. of actual v ~Aessment THE NONPARTISAN LEADER Hanna's Appointments Violate the Constitution Governor’s Administration Has Two Appointees in Office Who Were Members-of Legislature When Given Jobs--~ Another Forced to Resign.on Accoeunt of Opinion of Attorney General--—-Basic Law Set at Nought. eral says Purcell could be ousted if the question were raised but he is doubtful if Purcell could ‘be made ‘to forfeit the salary he has been draw- ing while in office .cantrary to -the basic law wof the -state. ‘Other law- yers, however, are of the-opinion that :all the -salary drawn by Pnrcell since he ‘took office last summer could be ccollected -and turned-back to:the state by .court action. Mr. Pureell comes mmnder the first by the game and fish board of a secretary, to receive an annua! salary of not to exceed $1200, the job Mr. Purcell is now holding. Frank-S.: Talcott was appointed by the state board of -control, a board under the control of Governor Hanna, 1o tthe position of warden of the state penitentiary on March 18, 1913. He s still ‘holding the job of warden. Mr. Talcott was elected state semator from the eleventh legislative district Scoff at State Constitution State Senator W .B. Overson of Williston, appointed by Governor Hanna to the state board of control in defiance of a constitutional provision forbidding state senators receiving civil office from the gov- ernur during -the terms “for -which they were elected to the legislature, recently was forced todecline the job, afir taking the oath of -office, by an :opinion of Attorney General H. J. Linde. ’ At least one other Hanna administration appointee, very likely “two others, are holding office unconstitutionally under the same sec- tion «of the constitution which kept Overson off the board of -contrel. Attorney General Linde admits that Representative J. T. Pur- cell of Fargo was unconstitutionally appointe by the Hanna admin- istration to the .office of :secretary of the state fish and game board, and at this time is unconstitutionally "holding that office. “Purecell was a member of the 1915 legislature which created, the fish and game Joard and the -offi ice of secretary of that board and for ‘this reason is .directly prohibited from .holding the civil office -he does during the term for which he was elected to the legislature. Senator Frank S. Talcott was appointed by the Hanna =dmin- istration as warden of the state penitentiamy in during for which he was elected -senator, and he still *holds -that through the term for which he was elected semstor has mot AIn- the 1913 legislature he voted for a bill making available an addi- | tional $500 & year in emoluments for the swardem's .office. "This ap- propriation was made before but not paill wowing 1o the ‘fact that 7 ‘the law was not clear. But the legislature «of -which ‘Telcott -was-=a member made it effective. The constitution wf ‘the state, wection 39, ° is as follows: “No member of the legislative assemibly skall, during the term for -‘which he ‘was_elected, be -appointed or ! in -this state, which shall have een created, or “the-emolaments ©f which “shall have been increased, during the derm For which the was elected; nor shall any member receive any weivil appsintment From governor, or .governor :and 'senate, during ‘the term #For which ‘he shall have been elected.” part of section 19 of the constitution of the state, while Overson came under the tast part. Purcell s hold- ing civil office created by the -session of the legislature of which he was a member. House bill No. 300, creat- ing the fish -and game board and the office of secretary to the board, which Mr. Purcell holds, and provid- ing ‘salaries, was up for third read- ing -and, passage in the house of repre- sentatives February 23, 1915, and re- ceived the affirmative vote of Mr. Purcell (Page 1196, House Journal 1915). The bill returned from -the senate amended and this amendment was concurred in ‘by ‘the -house, Mr. Pureell wvoting in the affirmative (Page 1617, House Journal, 1915). " Bill Greated Office Seetion 3 of House bill No. 300, now a law of the state and found on ‘Page 204 of the session laws of 1915, provides for the .appointment cent of its true and full value, while farm lands .are -assessed “at 240 -per «eent, as are also ‘the improvements “As the tax .commission claims eredit for recommending the adoption of the Minnesota system -it >is :mot out of place to .show here what the really ‘recommended for ‘the North . 2 taxpayer. "This ‘4s ‘the ‘dose: kote “Household - goods :to be assessed 25 per cent of actual value. “‘Horses, ‘mules, cattle, hogs, sheep, ‘poultry,: dogs, farm toels :and imple- ments, wagans, .carriages, harness, autos, grain, threshing .outfits and goods and merchandise’to assessed: at 33‘%13 9 ‘:;?tfitnf ‘actual w:iue.l el ‘Ba. “telepho: ne_g:ropar , elevat- ‘ors, structures on ‘state ‘and, govern- ment ‘lands “to Tbe assessed =t ‘40 ‘per ~cemnt of -actual yalue, “Town and city lots and structures wt 40 per eent of actual value. *Farm lands and improvements at “The state “board d of e ué'liz;.fi n ] o of North Dakota be‘lievuszn “BS- £ of all “the as ‘percentage of its metual value. ,r..tIiI‘o “good ‘Teason “has “been :given ‘for the Aiffenswt rmadm dn Wlmne- sota, Mm be .comsidered . ‘merély arbitrary. - Live ‘Stock’F “Following is a statement show‘ing‘ (Cass county) =t ‘the ;general -slection in 1912 amd -was swoern in <as Shabe senator Janumary 7, 1913 4, Bem- ate Journal, 1913).. Tnder section 27 of the constitution s term -would which the -was elected 7o the stete senate ‘he ds tholding office mmconsti- tutionally. A% “Expense” Wotell Senabor Fsileott served «during ‘the March 7, 3913 (Page 1494, Benate Journsl, 4918) the repistered his wote in faver .of House bill Nop. 49, = bill for an aet making mn ap; rigti for the wiate penitemtisry. the government estimate of the Min- nesota livestock in North Paketa in 1915, with the estimated average value “per “head. 1 ‘have ‘shown the total number assessed in North Da- keota .in :1915 and “have -used the -ac- tual average value at which the as- sessment was made. : “For swine we find that there were 706,000: in.the state, with an average value of §9. Only 254,531, or 36.1 per’cent “were -assesseéd. "The average value of :those ‘nssessed - was $4.29,. .er 47:6 -per cent of the estimated: aver- age” value. ‘But only 36.1 -per ¢ent - ave assessed. “If it is your ‘hegsfthat have > ’been .assessed ;you are ‘getii the .worst of it. If your hogs were not assessed, -well, ‘then”there is“no need to worry about whatever assess- ment might have been madeZion othens. Ft-is'claimed that ‘the Bédth St. PBaul stock : yards xeconds -show that North Dakota shipped during 1915, 525,000 “hogs sto ‘market. ing ~ibhe . government figures we find that in 1915 .the total .actual value of all livestock “in “North Da- ‘waluation wof -all livestock . for 1915 ~was $28425419, or 2065 per ~4Fjollowing s #the mumber of-horses nment for 1915 and ‘the number “inNorth Dakota by asscssors {The dotal @8- is found on -page 53, session laws of 1913. A previous legislature 115:‘6. appro- priated 8500 zper year :as ‘“‘expense 1money for the warden, for which he ‘was not required to turn in n_;emlzed wouchers. The ‘appropriation in real- ity was :a salary appropriation, be- cause the warden did not have to ac- count for the spending of it. That it was a salary appropriation s the statement of Attorney General Linde. Now ‘this ‘malary appropriation had not-been available to the then ~war- den, F. O. Hellstrom, as the board of control had ‘held the wording of the law appropriating it insufficiently clear “and ¥ad refused to pay it:to Warden Hellstrom. " “Malke*Meney Available ‘So ‘house*bill-No. 49, voted for in the legislature by Senator Talcott in 1913, reappropriated ‘this $500 a year expense Mmoney .. in a special sec- tion instructed the board -of control to make it available, and to pay War- den Hellstrom the part of it he was entitled to under the act of the for- mer legislature, which the board had held up. . The legislature, therefore, fincreas- ed, “the -emoluments of.the warden’s office during- Mr. ‘Talcott’s term s senator. An appropriation increas- ing the emoluments of- the office had been made previously, but was ot effective, so ‘the -emoluments as.a matter of fact were not increased un- til the act of the legislature in 1913, of which Senator Talcott was: a . member. . Opinion Obhtained The Leader sought an opinion from a phle ug ;on this :matter “*There can ‘be mo guestion ‘xbgnt({.hgt s ; s mrahil v mmmm constitution -and ~was mill and woid. Senater Talcott was wnost assuredly appoinded to a civil -office the emolements ©f -which had been inereased during his term wof office ahid to which the was ap- pointed dnring his term of office.” ‘Attorney {General Linde, however, <while admitting the appointment of ‘Overson -and Pureell -was manconstitu- fional, mays he does mot believe the appointment of Taleott comes under the same prohibition of ‘the constitu- “tion. “It aweuld be meeessary, to show ‘that Warden Talcott comes under the wseetion of the constitution weferred 1o, Ho prove ‘he was mppointed to _civil «office, during #is term as sen- gtor, the emoluments ©f whieh had ‘been increased during his term as senator. As a wmatter «of Fact past hgasls:hm'zsf %‘ggfi mmade this apppro- prisbion @ @s :eXpense imoney, Hor which mo itemized vouchers had Ethflzfihfii{a It ds true tbimtwgs in fact a salary opriation and in- mmed*fimmms of the office, ‘but it -was mot done by the 1913 leg- iglature, «of which Senstor Taleott was a2 member. That legislature merely made mmore clear tthe act «of the for- “mer 'legislatures and fid mot increase p emoloments 3 and assessed: Horges, government es- “timate 801,000, number assessed 605,- . 679, government estimate of value -$110 -each, -assessed ‘value $33.07 -each; mules, estimate 9000, assessed 8143, value $124, assessed at $33.40; cattle, estimate 950,000, assessed 666,777, “value '$43.64, assessed at '$10.31; sheep, estimate 250,000, .assessed 106,146, value $5.10, assessed at $1.49; swine, 706,000, -assessed 264,531, value: $9, ms- sessed at$4.29. : 3 Meoney. and Credits “I.do met know whether there .are any records that will show what “the value of moneys and -credits in North ‘Dakota really is. Dnder the classifi- -cation .of Moneys Other than that of "Banks,d$azilé§%s, 'ci; m%s md assessed in: onky+ . ~Under Credits we find .assessed only $359,881. “The' t-census statement-on the atotal :wedlth of North Bakota seems 1o be one for 1912, There can +be no doubt - but “that i sthe wwealth +of ' ‘North Dakots thas ¢ nown:xg.f:id.}y. AFor 1912 we find that “the total wealth - is '$2,141,629,961. ‘IThe total assessed valuation. of all f;gé’mydn;m“ms ‘approximately dm.miooo,; or éil@%;!’?t. icent of :