The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1918-10-05
ACTION AGAINST
HOFFMAN FALLS.
WHEN STATEF Ais.
TO GIVE EVIDENCE.
Attorney Generals Charge
Not Substantiated, JUS
tice Holds

Mandan, N. D., Oct. 5.--John Hoff-
man Of Bismarck, who was arrested
on complaint sworn out by Attorney
General LANCER on charge OF having
solicited campaign funds from the
FARMERS State bank OF Hebron, was
released from custody and the action
against him dismissed at the trial
of the case in Mandan yesterday.
The hearing came up before Jus
tice Fl. L. Henke who issued the war
rant on the complaint of the attorney
general and it proved about the
liveliest case that has come UP in
Justice court in Mandan for some
time. A number of citizens Of He
bron who had been subpoenaed were
present and quite an audience OF on
lockers. q "
Attorney General LANCER was pres
ent in person, with representative
of the" Fargo Socialist daily as "a
body guard. States Atty. l.. H. Con-
molly appeared for the prosecution,
and Frank Kuehn, cashier and Thee.
Z. EWald, president Of the Farmers
State bank were put on the witness
stand and testified to Hoffman So
Nciting funds, though there was some
question as to whether Hoffman So
Hcited funds from the bank or from
the bankers as individuals. How
ever, in view Of the later develop
ments 1t was not necessary to have
this point elucidated
Atty. john F. Sullivan, who ap-
peared for Holman, moved to- dis
miss the case on the ground that Mr..
LANCER who swore to the complaint,
did not have personal knowledge OF
the facts as recited though the COM
q W Oh 49, I, 81 b.
complaint on information. Justice
Henke overruled the motion.
No Violation.
Mr.. Sullivan then read Section
1926, known as the corrupt practices
act, and declared that the first para
graph covered the intent, Of the law
and provided that there must have
been either g. contribution or the pay
ment or receipt OF money in order
to constitute a crime. Furthermore
the concluding paragraph Of the law
explicitly stated that the trial must
take place in the county where such
money was paid. The law does not
make it a crime to- solicit campaign
funds from a corporation but to, re-
ceive money. In this case there had
been no contribution made, nor any
funds paid over, and he moved to
O1SlIA4So Liz GSGLLOL4 Go AAS VI 44AAC AASSSA
been committed under the law, and
also under the law this court nor any
other court had jurisdiction in the
case for no money was paid over in
this county or state. "a
Judge Henke sustained the point
made by Attorney Sullivan and dis
missed the case.
hanger Doesn't Know.
During the trial Mr.. Sullivan CALL
ed Attorney General LANCER to the
stand and asked him If the articles
Of Incorporation OF the Consumers
Store Co. corporation under the
laws Of North Dakota, did not pro-.
vide that portion Of the funds paid
over should be used for political prop
aganda., LANCER disclaimed any
knowledge OF the matter.
Then LANCER was Intercepted, as,
to the organization Of the German
Maennerverein OF Mandan. He was,
asked If he did not drew up the cor
poration papers, and II later in 1918
Ne did not go to the organization and
solicit fcnds to help pay for his cam
paign. At the time of the trial or
O. case against the members Of this
organization for blind plugging IN
August, 1916, one Of the members so
testified. The attorney general de-
MED that it was so, and lost his tenn
per and appealed to the protection
of the court. Mr.. Sullivan dropped
the matter and the case proceeded.