Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1921-03-30
WHAT Is TzzB Law FOR.

II u not = matter OF great importance to tho people
o. North Dakota whether Of not Mr.. l.. j. wahe retains
his position a. q member Of the worknaen,s Compensation
Bureau. The pubic was not greatly interested In NJ |.
Wehe's, appointment, nor the rsAsons why 1t was made,
In what way his appointment commended its1lf TO the
powers that be We are not informed, nor does it appear
tust why he Became Unsatisfactory to the governor and
his associates in the administration. It is of some I'm.
portancA, however. that the public officials Of North pa.
kotA, - We'll a. tts private citizens, should obey the lAwt
Of the state and the orders OF the courts regularly Issued.
That Governor Frazier has not seen 1T to follow this
course In the Wehe case is not at all surprising to those
who hAve observed his behavior in the past. aud who are
familiar with the general attitude Of the aocialasac rae4xns
toward law courts and law observance.
Sx years ago the same group Of men attempted -
force through the state legislature the measure known as
ffouss Bill a. the purpose Of which was to amend the
state constitution by 4 short and easy method not con.
tenaplAted In the conststution itself and not provided FOR
BY any regulations then in existence. It was pointed out
at that time that House Bill ~ was in direct contrAven-
ton OF the constitution. The document provided the
method for its own amendment. That method was not an
one nor unduly inconvenient. 1t had been ap.
piled on several occasions quite successfully and it. had
been % administered that Whenever the people really de.
sired the Amendment Of the constitution. thy were able
by using the existing machinery to accomplish that end.
slo~. Mr.. To~nley. MI. Ierake. and their friends, were in
a desperate hurry; the ordinary methods would nor sui
flee, thay must have . short cut Therefore. they attempt
"a Amendment BY unconstitutional means!
On one occasion on speaking Of this subject. Mr.. Lem
Ike. who u now attorney general Of the state, declared that
the subject matter Of House Bill ~ was something which
did not concern the supreme court At all, thus calmly and
Airtly waving the courts out Of existence when there seem.
ed to be a prospect that the courts might interfere with
the program which he had laid down. That attitude has
been the attitude which has been maintained by the on
tire regime now in control Of the state offices. They have
applied to the courts and the constitution only when by
doing so they felt certain of being sustained in their con.
templated acts: but when the constitution and court de-
ei&ons stood in the way. or seemed likely to 90 80. these
were cynically ignored and contern ptuously thrust aside.
In the Wehe ca4c the court order was issued restrain.
Ing action from proceeding with hearings looking toward
the removal OF Wehe from the position to which he had
bean appointed. That order was ignored. and in defiance
thereof, q form Of hearing was held and action taken. A
clearer case OF contempt Of court 1t would be difficult to
imagine. Presumably the Issue will be brought to the at
tenuon OF the district and supreme courts, The question
10 not as to the fitness or unfitness of Mr.. Wehe for his
position; it is not as to the propriety Of removing him by
regular procedure; the question now to be determined Is
whether the governor of North Dakota ts to proceed OF
his own motion in defiance Of orders OF a regularly con-
stituted court. The specific incident which brought forth
this complication may be ignored for the time being, but
in learning whether or not they have courts whore orders
are to be respected and carried out, or whether a court is
merely = fifth wheel revolving idly and uselessly, with s.
prsme power vested in officials who may choose their own
methods without attention to the lava constitution or the
courts which have been crested to interpret law. =.