The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1917-03-21
BOARD DEMANDS
OFFICE AND IS .
!. DISAPPOINTED
Present Regents to Abdicate in
Favor of Governors Ap-
pointees @~~ q.
CUSTER PROCEEDINGS IN
: SUPREME COURT STARTED
Dan V. Brennan of Attorney
Generals Office Asks Writ
to Show Cause

It's organization competed Dy tne
election Of DIR. w. G. Brown Of Fargo
president and Herbert A. Hard OF
Fargo temporary secretary. Governor
Frazier mt high noon today marched
his board CT regents down the stairs to
the offices Of the board on the ground
floor, made formal demand upon Presi-
dent Crawford and other members OF
Governor Hanna's board of regents IN
session there for possession OF the Of
ficeS, records and other appurtenanceS
thereto; was as formally denied said
possession by President Crawford, and
then solennly marched his board back
up stairs again. The whole proceeding
consumed less than fifteen minutes
There was no blood shed. Everything
was very courteous, dignified, polite
and polished as it should be.
Heads Procession.
Governor Frazier headed the line
when it reached the door OF the rt-
gents offices. He marched his board
into the private sanctum where the Old
board was assembled. and in a very
few words advised that the regents
whom he had appointed and commis-
stoned had organized; that they were
now ready to assume charge of their
office, and that as. governor OF the
great state of North Dakota he de-
manded that the offices, the records
and the keys be turned over to his
board.
Crawford Replies.
President Crawford in behalf OF the
old hoard reSpOndetl: -
"Mr. Governor. As president, Of the
board of regents shall have to reply
to Your request for nls to turn our Of
flee over to your apNintees that the
present board was appointed for defi-
mite terms and that the members will
hold office for the terms specified in
their appointment, or until such time
as court of competent jurisdiction
may determine. ,@ Z
I'VE were appointed in good faith
and have served ir good faith. Our at
titude is the most friendly toward the
members Of the proposed hoard, as we
recognize that they are not responsible
for the embarrassing position in which
they are placed, and likewise in which
their appointments place us.
"Wc feel we would not be represent
ing either the intelligence or the dig
nifty of the state of North Dakota if
we permitted the office to be turned
over to any hoard, however compe-
tent, until our rights to the office
have been adversely determined
Serve Papers at Once.
Dan V. Brennan, assistant attorney
general, who accompanied the COVER
nor's party, then asked where Aubrey
Lawrence. chief of counsel for the old
board, could be found. and he proceed
ed at once to the supreme court room,
where the Justices deferred their lun-
cheOn long enough to receive an appli.
cation in quo warranto with petition
for permission to file information in
an action for an order against Pres. H.
F. Crawford and other members Of the
present board of regents to show cause
why a writ of custer should not be is.
Suel. on the grounds that they have ur-
lawfully seized and are holding upon
,,ublic offices and properties and rights
to which they are not legally entitled.
The court, after suggesting that Mr.
Lawrence Immediately be communi-
Gated with, in order that date for
the Gearin. OF arguments on this peti-
tion might be set with as little delay
as possible, adjourned until o'clock
this afternoon, when the court took un-
der alvisement the question of assunl-
ing original jurisdiction. and summon
ing the present members of the bOart.
of regents to appear before 1t at con
venient date yet to he announced to
show cause why it should not he re-
moved. s-.....,
Al Good.natured.
The entrie proceeding was good ma
tured. The proposed regents and the
rrcsent regents were introduced all
aronnd and exchanged: compliments and
remarks on the weather just as any
other friends and neighhors would
do. No one became excited, and the
inc:den. passed with comparatively few
about the capitol building kmowin": that
a demand had been made.
Early Action.
1t is anticipated that there will be
little delay in bringing the custer pro-
ceilings to head in the supreme
court. Roth sides have been prepared
for some time for the legal battle. Dan
V. Brennan has been directly in charge
for the attorney generals office, Mr..
LANCER having been in Washington Tor
a greater part of the time since custer
proceedings we're determined on. The
present board has retained for its de-
fcnse Attorney Lawrence of Fargo, for
mer Chief Justice G. ]. Fisk and for
mer Attorney General Henry J. Linde.
The attorney generals line Of attack
has been very generally defined in the
opinion which he furnished Governor
Frazier when the latter made his or
ig!nal appointments. contending that
Governor Hanna illegally nominated
members of the present board before
the bill creating the board had passed
the senate The defense will be that
the nominations were not Confirmed by
the senate until after the bill creating