The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1920-01-21
FRAZIER MUST
REINSTATE MEN
HE KICKED OUT
EFFORT OF GOVERNOR TO
EVADE TRIAL BEFORE.
CRAWFORD FAILS

case of Sheriff Pierzina and
States Attorney Gallagher of Col
den Valley county against Gov
ernor Frazier brought in district
court for Morton county to COM
pei the restoration Of their offices
to them came on yesterday af-
ternoon before Judge Crawford.
Governor Frazier through his at
torney, w. A. Anderson, sccre-
tary of the industrial commits
sion, filed an affidavit of preju-
dice and the matter was taken
before the supreme court yestef-,
day afternoon. This morning the
supreme court court notified
Crawford that the application for
charge of venue had been de-
MED and instructed him to pro-
ceed with the trial.
Mandan, N. D., Jan. 21.-Judge
w. F. Crawford in district court
today ordered reinstatement of
Sheriff John Pierzina and States
Attorney r. F. Gallagher Of Col
den Valley county, who were re-
moved from office recently by Or
der of Governor Lynn J. Frazier.
On motion of counsel for the
"ousted officials, rthe scase@wa Dr-a
dered dismissed because OF lack
of prosecution and because OF re-
fusal of the attorneys for the
governor to accede to any stipu-
lations.
The officials served notice on
, Governor Frazier last Saturday,
through their counsel, that they
would move for trial in Morton
. county on Tuesday of this week.
They contended there were no
grounds for the action of the
governor in removing them from
office.
In district court, w. A. Ander-
son, secretary of the Industrial
Commission, and George K. Eos
ter, until recently assistant at
torney-general, acted as attorneys
for the governor. They declined
to 90 on with the case in the
face of a supreme court order,
maintaining the presence of Attor-
ney James Manahan Of st. Paul
was necessary to conduct OF the
proceedings.
Mandan, Jan. 21.-When the cas-
by former Sheriff Pierzin
md States Attorney Gallagher Of Go
len Valley county came up in tn
Morton county district court befor
Judge Crawford Tuesday Afternoon
he attorneys for Gov. Frazier file
In affidavit of prejudice agains
Judge Crawford. and at the hour G
going to press the attorneys were el
,aging in a very lively discussion owe
he matter.
The two officials arc bringing sui
10 restrain Gov. Frazier to preven
heir removal from office.
John F. Sullivan of Mandan an
W. +. Burnett and T. J. Murtha c
Dickinson are appearing for the tw
)usted officials and VIM. Anderson
secretary of the Industrial Commi:
sion. and Atty, Foster of Bismarc
and r. J. krause of Mandan for tn
governor.
Wanted Jim Manahan.
The case was called this Iornjn
to order of the suDrem
court. which denied Governor Frazie
a change of venue on an affidavi
If prejudice filed against Judge Crav
'ord yesterday. w. A. Anderson, SCI
.etary of the state industrial commits
sion, and George X. Foster, until te
days ago a member of the attorne
generals staff, appeared for the go'
ernor and declined to proceed wit
The case, appeared for the governo
and declined to proceed with the CASE
declaring the presence of Jim Mana
han of st. Paul, prominent leagu
adviser. essential. Judge Crawfor
refused to recognize the necessity
Jim Manahan, and when the alto
neys for the governor declined to el
ter a defense of the governors a.
ton in removing the Golden Vale
county officials, the court ordered tn
case dismissed and the officials r
stored to their former places, in a
cordance with their petition.