Wheeler v. Board of Trustees of Fargo Consolidated School District

The first question with which we must deal is whether or not the Justices of this court are disqualified. The instrument voted upon August 7, 1945, and put into effect by proclamation of the Governor on August 13, 1945, raised the salaries of the Justices of this court from $7000 to $8000 per annum. All Justices, therefore, have a direct pecuniary interest in the outcome of this litigation. The Code, § 24-102, provides, among other things, that no judge or justice of any court shall sit in any cause or proceeding in which he is pecuniarily interested. It necessarily follows that every member…