Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1921-10-12
NORTH DAKOTA SUPREME COURT
HOLDS THAT GOVERNOR FRA ZIER
ILLEGALLY DIS CHA RGED WEHE
Appeal OF Governor From
Decision Declaring Him In
Contempt OF Court, Hand
ed Down By Neussle, Il
Denied; Grace And Rob
inson Di..ented.
(Herald Special Service J

(Herald Special seryice.)
Bismarck. N. D.. Oct. IL -statins
that we do not see how any other
conclusion cou'd well have been
reached. in view Of the principles an
nounced and the conclusion reached
IN the former opinion" the supreme
court today aff1rmee District Judge
Nuessse in his order to the effect that
Governor Frazie: illegally SUSPENDED
and removed L;.urras j. Wehe. from
the workmen's compensation com: mis-.
sion. early in 1920 and holding that
the governors order . of sllspenedon
and removal both were void
District Judge Nuessle had decla1-
cd Governor Frazier was in contempt
OF court in announcing a second re-
moval after. his order had been issued.
Governor lrazier's attorneys ap.
peated to the supreme court for mod
ipcataon OF the order. holding the dis
tf1ct Judge failed to properly interpree
the supreme court decision. The an
peal is denied -
Judges Grace and Robinson dtssent-
ed. 1t is held that In the instant cass
the trial. court correctly interpreted
ana carried out the mandate Of tho
appellate court" the syllabus reads.
OiH. OF Three Cases. <
The case is one Of three which We.
ne has instituted in an effort to prove
his contention that Governor Fra-
zier's removal Of him as commts-
sloner on the workmen's compensation
bureau was illegal. Many delays have
been put in the path of a Anal dect-
SION in the matter by the administra-
ton. Wehe having once been VIC
tor1ous in district and supreme court
In this case, brought back into the
court by Governor Frazier through
motions =
1t was in this case, after wehe had
been victor. that Governor Frazier.
slter hn,s,. having been prohibited from
noloing second hearing and sus-
pending Wehe. proceeded to do so.
The governor was declared in con-
tempt OF court by District Judge W.
l.. Nueasle, who said that he would
not take action against Governor Fra
zter because he was governor and
sworn to uphold the law and the
courts, and that it was up to the peo-
the flouting Of the courts Of the state
Wehe began the action Nov. "a,
lSzo, on certiorari proceeding to set
ASIDE the suspension and removal or
oefs OF Governor Frazier. The, case
Was tried Nov. %, 1890, in district
court. Judge Nuessle set aside the or
Ger OF suspension and removal, order
ed Wehe reinstated in Office and ruled
ne was entitled to salary during the
time he was out Of office due to the
illegal action Of the governor.
Governor Appealed.
Governor Frazier appealed to the
supreme court. The supreme court af
hrmed the district court on March
~ 1921. judgment was entered by
the district court on the return from
the supreme court April Z, 1921. Gov
efn0r frazier's attorneys then made
motion to modify and amend the,
Judgment Of the district court. claim
ing It was not in accord with the su-
preme court ruling. Judge Nuessls
der was in accord with the supreme
court and that the order OF slspen- :.
sion was void as well as the order of
removal. Governor Frazer's attorneysi
appealed to the supreme court on two
motions and asking that the order b.;
modified.
Did Not Wait For Decision.
However, the governor did not wait
until the case had again gone through
the courts. He attempted a second re-
moval proceeding, attempting to re-
v1ve his suspension order. Wehe ap-
piled to District Judge Nuessle for a
pronloltlVe witt and 1t was issued di-
recting that the COVER nor proceed no
farther with the second removal and
not to hold hearing until the court
had passed on the legality of the or
der Of suspension. The governor ig-
uored the court. held a hearing at
which Wehe was not present, revived
an old removal proceeding and held
Wehe was not entitled to his salary
since his first removal, April, 1890
An application was made to Judge
Nuessle to cite the governor for con-
tempt and Judge Nuessle held that
the governor was in contempt In re-
fusing to obey the courts order, and
to revive the first removal
contrary to the decision off,
the district court and the supreme
court. Judge Nuessie, from the bench,.
declared the contempt was ali the
greater because as chief executive Of
fcer of the state the governor was /
sworn to uphold the courts and tho
law.
In another case, now in district
court. Mr.. wehe asks for his salary
since tune, 1890. It had previously
been held he was entitled to his sal
ary for the month during which he
was removed. g.
The governor appointed C. A. M.
Spencer in Wehe's place, and the lat
ter refusing to surrender hfs office to
Wehe after the court orders, has con-
finned m cervA 5gif4'