The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-11-21
LEMKE AT THE HELM

LEMKE AT THE HELM
Governor Frazier, who has
not been at the capitol since
Judge Nuessle's order was is
sued, applies Through William
Lemke, vice president of the
Nonpartisan league, for permis-
sion to interplead for Adjutant
General Fraser and Capt. L. R.
Baird, defendants in the action
brought before Judge Nuessle.
In his capacity as commander
in-chief of the military forces
and governor of the state,
Frazier petitions the supreme
court for an alternative writ of
prohibition directing Judge
Nuessle to appear before the SUI
preme court November % to
show cause why he should not be
permanently restrained from in
reference with the states oper-
alton of the mines. At the same
time Mr.. Lemke, for the COVER
nor, asks a temporary restrain
ing order which will prohibit
Judge Nuessle from putting into
force and effect or from attempt
ing to so do "any Of the provis-
ions Of his pretended restrain
ing order"
While copies of Mr.. Lemke's
application were. prepared this
morning, none had been filed
with the supreme court up to 2
o'clock this afternoon, although
it was understood that a formal
application to the court would
be made during the afternoon.
Charges Judge With Meddling.
Mr. Lemke in his petition charges
Judge w. L. Nuessle with unwarrant-
ed and unlawful meddling and de-
clares the governor has it within his
power to IDEAL summarily' with such
meddlers, but that Mr.. Frazier prefers
in this particular matter to proceed
through the courts in regular man
ner.
Mr. Lemke says that Judge Nuessl,
must be restrained from making in
tlammatory remarks which are incit-
ing to strife and bloodshed. and he as
serts that If Judge Nuessle seeks to
carry out and enforce his orders with
relation to the return of the Wash
burn Ignite Co.'s properties at Will
ton there will be conflict between the
executive agents of the judiciary and
the military forces Of Governor Fra
zier.
Governors Power Absolute.
Governor Frazier, Mr.. Lemke says,
has absolute power to judge when Is
may be necessary to call upon military
power to execute his orders, and that
he is the sole and only judge of condi-
tionS which may amount in his judg-
ment to all emergency and warrant the
declaration of martial law and a re-
sort to armed force.
Mr.. Lcmke informs the court that
as commanderin-chief of the military
forces of North Dakota Governor Fra
Zier had the state under armed guard
and in a complete state of subjection
and that everything was going nicely
when Judge Nuessle in response to a
pretended" motion of the Washburn
Ignite Co. issued pretended" or
der directing Adjutant General Fra
zier and Capt. L. r. Baird, as the law
full agents of Governor Frazier, to re-
store to the Washburn Ignite Co. the
property which these agents held by
orders Of Governor Frazier.
Gives History of Strike.
Mr.. Lembke gives detailed his
tory of the coal strike which followed
Governor FraZier's conference with
President brennan of the United
Mine Workers and with the operators,
and he declares that school-houses
were being closed, and public utility
plants were ceasing to operate and
that there was great danger of discom-
fort and suffering at the time when
Governor Frazier declared the exis-
tence of an emergency which necessi-
tated his proclamation of marital law
The petition is voluminous one, ac-
companied by copies of the governors
various proclamations ana orders AMI
by numerous other citations.
ROBBERS BREAK THROUGH