The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1920-12-29
UPH0LDS WEHE
IN FIGHT FOR
STATE OFFICE
Judge Nuessle Decided He Is
Entitled to Office as CON-
pensation Commissioner
WEHE'S SERIOUS CHARGES
AlIeges That Perjury Committee
In Leaving Out Important
Part of Proceedings

1arL OF fICCecuAlsSS
Laureas J. Wehe has won another
step in his long fight against remOVal
from office as a member OF the WORK
mems compensation bureau.
Judge Nuessle, in district court, al
ter a hearing yesterday afternoon; Is
sued an order holding that Mr.. Wehe
was Illegally removed from office ana
holding the removal proceedings had
we're illegal and void, and further that
Wche was and is the duly quallhed
commissioner and is entitled to the
Office an dto perform the duties there
of. restoring Wehe to office. :,
Since Wehe's removal last April the
Governor has appointed c. M. Spencer
Of Williston. to Mr. Wehes place.
Fighting for Justice
In a statement following the near
;nr Mr.. Wehe declared that the otflce
he was fighting for was 1ncldental,
that he now Is fighting for right ana
justice. A.. ,..or,o,.r
reprcsenting the Governor. George n;
Foster and L. NJ. Simpson. VIII appear
the case. ,ro,,o
Serious charges were made by Wehc
dnrinp the hearing. He alleged that
the return Of the Governor 10 "ehe
nctition in corut left out the steho-
rranhic transcript of the proceedings
IN tho Governors office in Aprll anu
Wehe's answer to a letter from inc
C,overnor. Turning to attorneys LOT
the Governor, Wche charged that per
inv had been committed. in >he
swearing that the return OF tne uo'-
ornor to Judge Nuessle's court was
Sull and complete return. when IN tact
tho ;mnortant part Of the proceedings
had been left out.
Alleged Omission
This mart of the proceedings, sc, OUT
IN tho answer OF Mr.. Wehc alleged
th,t catherine Mosbrucker, stenogra-
nhor of Attorney Theodore Koitei. was
nresent during all the time OF the al.
,asod hearing on the afternoon OF
Anril %, 1920, and that she took tne
n,nceodinps down and transcribed inc
shorthand; that Mrs. Millie ). "oous'
who now is in California VINO %'o
stcnographcr to the Governor a'So
vas there and took down all procecu-
;nrs. Wehe further said:
"That, nevertheless the GoVcr'o,
hos, wilful]y or otherwise, refused any
neglected to make true ana cori... :.
retnrn of all the proceedings nad anu
.oren before him by his actions III
making and swearing to a return ~
mic court without including IN sa'u
return a transcript OF the proceeun 81 s.,
had and taken by the stenograpne' III
up II was further stated that "pctl!tIlcon,e,r
o,loocst that the defendant wll1ulls
and knowingly made a false return
hcrc;n bv leaving out OF his sald re-
urn and as a part thereof, the pe''-
t;nncrs answer and letter served up1n pn
him by registered mail on April Zo'
,u,, a. heretofore set out. and marx
I'd exhibit 3 hereof; and that sald oe-
Sendant did wilfully and knowingly
make false return to TINS court Wn.n
hc stated in his return the lol'o"lns'
to-wit: THE defendant having lndu.
ful] and complete returns 10 t'e coui .
nf thc matters and things involved III
s,;d matter and of the proceedings
thorein' when he left out ana 1al4eC
"a make a part Of the said re'u. VI
The court a transcript OF the stello
cranhic notes and minutes taken wv. uo" Il
Hv his office stcnographer, MRS. M'1l'e I
I woods. of the proceedings had anu
taken before the Governor at lle az ~
legged hearing on the AFTERNOON "
April %, 1920 ,1
Wchc also said his letter OF demand
for hearing was left out
The removal proceedings came oc-
foro Judge Nuesslc on certlorarl pro-
coodinps' The court heard arguments
w Messrs. Theodore koffel ana l.. - :,
Wche for the plaintiff and Messrs' w.
u Foster and Leslie Simpson Tor tns
dofcndant, Governor Frazier.
Governors Answer
The Governors answer SET ouV nno tun'
Wehe was suspended on apriI 49, l'.v:
for cause shown to the delenudaI
and removed on April %, 1920. Inc
answer claimed three days notice OF a
hearing had been given to Mr.. Wehe'
.ud that the plaintiff declined to SUD-
nit to A hearing or to give cVlnence'
Affidayits of J. n. Hagan. ;. ,. NC
l,unald, Charles Gutman and others
Charging Wehe with various y ,,i ',,stetd actS
which were the basis of the alleged
removal. we're included. These were
not a part of the case before Judge
Nuessle. as the case dcvolved upon
whether the alleged hearing was IN
fact hearing.
Mr.. Wche said today:
1T is not the office that am f'Sht-
in. for now, for that has become
matter Incidental to the right and JUS
ticc Involved in the case. A bunch o.
highbinders who have had our state
by the throat for several years nave
attempted to rob me OF all decent
man holds to as his greatest asset III
society. in order to do this they nave
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