The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1922-02-18
GOVERNOR WILL
DEMAND BOARD
HEADBE0USTED
Custer Action Against Chairman
of Board of Administration
To Start Soon
TOTTEN OUT ON APRIL 30
One Board Member Resigns and
Defends Action As
Member
rOTTEN OUT ON APRIL 30

Custer charges will be instituted
against Robert r. Muir, Nonpartisan
member of the state board of admin.
1stratlon, by Governor r. A. Nestos, 1t
was learned today The same charges
will be brought against Muir that were
brought against J. l. Cahill and George
rotten, other league members OF the
board, based upon the constitutional
provisions regarding removal of Of
ticers. -
Mr. Muir is president Of the board at
this time. 1t is understood that there
was some reluctance to bring charges
against Muir but that Governor Nes-
tos felt that inasmuch as the charges
brought against Totten and Cahi,l
were for acts Of the entire three &C.
tive members of the board and be-
cause evidence submitted to him
since the removal applied equally to
all three that Muir should be included
in the custer.
The resignation Of Muir was asked
Tor and was refused. ..H
George Totten, member of the state
board OF administration against whom
custer charges were to be instituted
by Governor Nestos, resigned his po-
slt1on late yesterday, and the resigna-
tlon was accepted, effective April 30
J.. l. Cahill, whose resignation also
was demanded, has stated he would
fight removal.
Totten Resigns
The raSipOation ~ Eoo.r> r..
member of the board, submitted to
Governor Frazier late yesterday, lin
It's the, custer proceedings to Muir and
TO Gshtll. Cahill has already stated
that he will fight the charges, al.
though there have been reports that
ne would also resign.
rotten quit his position after seek
ing two conferences with the Gov
ernor, during which he asked that
tne time for his quitting office be SO
tlxed as to allow him to make certain
business adjustments. His resiena-
tlon Will be effective April 30.
The charges against Totten, which
were based upon the general constitu.
tlonal provision in such cases, charg-
ing malfeasance in office, were with
drawn by the Governor. The resigna-
ton of Totten will on April 30 place
control of the board of administration
IN the hands of the Independents, as
commissioner Of Agriculture Kitchen
and State Superintendent Nelson are
ex-officio members.
TOtten's Statement. )
Mr.. Totten made the following
statement regarding his resignation.
my reasons for resigning are as
follows. In matters of this kind the
Governor is both prosecutor and
Judge On the evidence submitted at
the Governors hearing he can decide
that there was sufficient cause and
remove the accused officials. Then
these officials are on the outside
looking in and they are compelled to
go to the courts in order to get rein
stated and to draw their salary in
case the courts find in their favor.
This IS very expensive proceeding,
also a lengthy one; possibly costing
hundreds If not several thousand dol
lars and lasting over period of a
year. In the meantime while these Of
ficials are waiting for Justice from
the courts their positions will be
filled by the Governors appointees
who in all probability will remove
many Of the appointees Of the board,
thus destroying the organization
which the board has made. Person
ally, l cannot afford to stand the ex
pense Of such legal proceedings and
in the second place the prospect of
such a legal fight makes the game
not worth the candle. My resignation
is not an admission that the charges
are true for l am satisfied that no
just cause could be found for my re-
moval.
81 am proud of the work which has
been accomplished by the board of
administration and am satisfied that
there has been no general demand on
the part of the taxpayers for our re-
moval but that the demand has come
from those who are desirous of obtain
ing office. I have nothing to apollo
gize for having always served to the
best of my ability the best interests
of the state as 1 saw them"
Totten was appointed to the board
of regents in November, 1917, and Is
serving on the board Of adminlstra-
ton under six year term ending IN
July, 1925.
Governor Nestos said that the rea-
son for his acceptance of Totten,s
resignation, effective April 80, was IN
order to give him reasonable time to
engage in future business. 1t also
! was said that delays incident to re-
moval might have prolonged Totten's
time in office beyond that.