Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1921-04-07
FRAZIER REFUSES
TO OBEY COURT
IN CONTEMPT

nor For Failure to Uphold
| Courts Of N. D.; Says Peo.
pie Must Punish.
bismarck, Apr. 5.--Judge w. L..
Nuessle, of district court, today re-
fused to cite Governor Lynn J. Fra
zier for contempt Of court mot be-
cause he did not obey the order of
the court and is not guilty but be-
cause he is Governor OF the state
and is charged by the constitution
with seeing that the orders OF the
court are enforced"
A. request that Governor Frazier
be cited for contempt OF court was
made by l.. j. Wehe in court today,
at the time OF the return OF the al
tentative writ of prohibition issued
by Judge Nuessle prohibiting Gov
ernor Frazier from holding a hear
ing Of charges against Wehe to re-
move. him as commissioner of the
; workmen's compensation bureau.
! The application Of Wehe asked
that the Governor be cited for con-
tempt and that date he set for his
appearance to answer. Judge
Nuessle refused to cite the Cover
nor, but commented in no uncertain
terms upon the action of the Cover
nor in holding the hearing in face
| OF court order prohibiting it.
Says People Must Punish
Judge Nuessle declared it was "a
sad state of Affairs when any Off
cial. no matter how high an office he
! rh Il hxv Svk, re- hok
Office refuse to abide by the actions
of the courts. The Judge pointed
out that as Governor Frazier had the
power as Governor to set aside any
punishment of the court
81 cannot deny the feeling, how
ever, that the Governor is in con-
tempt OF court" said Judge Nuessle
"but his punishment must come
from the people, The jtidgc added
that il American ideals still pre-
vailed the people would be vindicat-
ed
Judge Nuesslo suggested that the
attorneys who participated IN the
action might be subject to contempt
or subject to disbarment. No pro-
ceedings had been brought against
the attorneys.
Deny Court is Superior
The answer of the Governor to
the alternative writ was signed by
William Lemke. attorney-general,
and George K. Foster assistant at
torney-general' Mr. Foster asked
Wehe and his attorney, Theodore
Koffel, if they had not appeared be-
fore the supreme court and asked
for the same writ and that it was re-
fused. Wehe said no petition had
been presented but the matter had
been discussed informally.
The answer of the Governor de-
MED the jurisdiction of Judge
Nuessle over the Governor, and ask
ed that the writ be quashed and va
Gated. Mr.. Foster, arguing the mat
ter, cited several cases and asserted
that the Governor was acting as the
chief executive Of the state and that
he was not inferior to the court
Judge Nuessle asserted that,
realizing that the question Of au-
thority was a delicate one, he had
considered the petition very carefully
before issuing the alternative writ.
Wclle To Start New Action
Bismarck, N. D., April 81. J.
Wehe, ousted commissioner of the
Workmen's Compensation Bureau.
was planning further legal action to-
day to regain his position.
Following considerable argument
before Judge Nuessle, of district
court, Wehe late yesterday dis
missed his petition for alternative
writ of prohibition against the Gov
ernor holding a hearing in connec-
tion with custer charges, the hear
ing already having been held.
Judge Nuessle. during the argu-
ment, declared that he would not
recognize the action of the Governor
in removing Wehe as evidence in
his court, Wehe is expected to be-
gin an action to collect for salary
since April, 1920. when he was re-
moved by the Governor, on the
ground that his restitution by the
district and supreme courts entitled