The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1916-12-13
HANNA GUSTS
| COMMISSIONERS
N .A||.[|TT'|i||NC'|E:.R|' | ! / ! ]
Governor Upholds States Attorn-
ey II. v. Crane in Proceed
ings Against Board
CHIEF ExEcUTIvE HOLDS
ACTIONS WERE ILLEGAL
Failure TO Advertise for Bids on
County Work and Excess
Pay Drawn Cited


selves salary to which they were not
entitled, fDr services which were new
er performed; that they had rendered
bills in excess Of the legal limit, in
favor of themselves and had voted
their payment; that they had violat-
ed the statutes in failing to advertise
for bids on bridge work whose cost ex-
ceeded $500 and that they had voted
the county surveyor a larger salary
than the statutes provide, Governor
L. B. Hanna this morning removed
from Office Chairman William Col.
grove and Commissioners John A..
Rieger and Paul F. Schmidt Of the
Hettinger county board.
The governors decision is a victory
for States Attorney H. v. Crane in a
battle of long standing which has split
Hettinger county wide open The
trouble started when Crane asked the
county commission for contingent
fund with which to clean up the coun-
ty, morally. The board turned the
states attorney down cold, and since
that date Crane has been camping on
the commissioners trail. Sentiment
in Hettinger county is said to have
been about equally divided in the con-
troversy.
Orders Served Tomorrow.
Governor Hanna directed copies of
his order to States Attorney Crane
this afternoon, andeit is expected that
custer writs will be served on the
county commissioners tomorrow. On
two of their number-ColgrOve and
Rieger-th removal will have the ef-
feet of depriying them of two weeks
service only, as both were retired by
the electors in the recent ballot bate
tie. Colgrove now is complaining
witness in contest proceedings against
his successful opponent. sst Il 4 II !
The Findings.
"The governor finds that the charg-
es are sustainsd! in the following par
tIculars, to-wit::'
That it is shown by the testimony
that the states attorney of Hettinger
county, under be law, had asked GER
tain moneys should be set aside for
the purpose. Of creating states at
torney's contingent fund The statute
says that where request of this kind
is made by the states attorney, they
have the power to do this, and further
that they are directed to dO so. In my
judgment, up to the amount of 800,
this is mandatory. Further, 1t is
shown that an application was made
to said board of county commissioners
for the creation of such states attor-
ney's contingent fund, by the states
attorney, and their attention had also
been called to the law requiring the
same to be created.
Further, it is shown by the testi-
mony that the defendants, while act
ing as county commissioners of Het-
finger county, went on with the build
ing of bridges and, the doing of road
work where the, amounts involved
we're in excess Of 800 without adver-
tising, as required by the statutes of
the state; further that the defendants
purchased road graders and road ma
chinery where the amounts involved
weer in excess of $1,000 without ad-
vertising for bids, although the law
specifically states that purchases to
the amount of more than 800 shall be
so advertised for
Presented Claims.
1T is further disclosed by the record
that the county surveyor of Hettinger
county presented claims against the
county and received and was allowed
by the defendants as county commits
sioners sum greater for his services
as county surveyor than is provided
by law.
1T appears further from the testi-
mony that the respondents performed
labor and charged up time against the
county when not acting in their OH
cial capacity as county commissioners
and for such time presented to the
county bills and received payment
from such county at the rate of IS per
day in disregard of the statute where
such charge can be made only where
services are performed in their official
capacity as county commissioners.
"The record disclosed further that
for time spent in looking after the
poor III luc COUuIy uuucI tuS oCoIutS
a charge against the county was made
which was allowed and paid at the
rate of s. the day, whereas the statute
fixes a limit of 81 per day for such SER
vices on the part of the county com,
missioners.
"In matters and things above men-
toned and referred to the governor
finds that the charges of misconduct
in Office on account of such matters
against the defendants in this pro-
ceeding are sustained.
Now, therefore, l, L. B. Hanna,
governor of the state of North Dakota,
by virtue of the authority vested in
me by the laws of such state, do here
by remove the said John A. Rieger,
William Colgrove and Paul r
Schmidst, each from his office as
county commissioner of the said coun-
ty of Hettinger, in the state OF North
Dakota.
"Given under my hand and the
great seal of the state of North Dako-
ia, this 18th day of December A. D.
1916.
IL. B. HANNA,
Governor"