Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1922-02-23

ceedings will be instituted against
Robert Muir chairman Of the North
Dakota State Board of Administra-
tion. -
Bismarck, N. D., Feb. II. George
Totten, member of the state board OF
administration, on whom Governor
Nestos several days ago served no
,tice of intention to begin custer pro-
ceedings, resigned late today. Gov
ernor Nestos accepted Totten's resig-
nation, effective April 80. A delay
was granted in ORDER to permit Tot
ten to prepare to engage in private
business.
Governor Nestos said that charges
of malfeasance and incompetence In
office which have been charged a.
gainst Totten were automatically
dropped. -,
Totten declared that he resigned
only because he would be. forced to
resort to expensive litigation in an
custer fight, and said that he did not
admit the charges were true.
Independents Gain Control
The resignation of George Totten,
member of the board of administra-
tion. submitted the Governor Nestos
late yesterday, limits the custer pro-
ceedings to Cahill. Cahill has al
ready stated that he will fight the
charges, altho there have been re-
ports that he would also resign.
%Totten quit his position after seek
ing two conferences with the Cover
1,,,,fv, |, jol, h hot 10
time. for him quitting office be SO
fixed as to allow him to make cer-
tain business adjustments. His res
ignation will be effective April 30..
The charges against Totten, which
were based upon the general .constit-
utiOnal provision in such cases, char
ging malfeasance in office, were with
drawn by the Governor. The resig-
nation Of TOtten will on April 80
place control of the board of admins
istratiOn in the hands Of the Inde-
pendents, as Commissio4er: :sof Agri-
culture Kitchen nd State SaparintaIs-
Aents Nelson ARE sx7officio members.
The other two members Of the board
iiare Robert Muir; and ]; 1.,Gahill.
i i TQttens Statement 4 n:
4; Mr. Totten made the following
statement regarding his resignation:
"MY re9sons for reSignings are as
follows In matters Of this kind the
Governor is both prosecutprand
judge. On the evidence: submitted at
the Governors hearing he can decide
that there was sufficient cause and
remove the accused officials. Then
those officials are on the outside
looking in and they are compelled to
go to the courts in order to get re-
instated 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 thousand dollars and
lasting over a period of a year. In
the meantime while these officials
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. Personally, I
cannot afford to stand the expense
of such legal proceedings and in the
second place the prospect of such q
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. ID: s .4.;; L 1
IT am proud Of the work which
has been accomplished by the board
of administration and am satisfied
that there has been no general de-
mand on the part. Of the taxpayers
for our removal but that the demand,
has come from those who are desir-
GUS Of obtaining office. I have moth
ing to apologize for having always
served to the best of*my ability the.
best interests Of the state as ga W
them" d ~ II =s3s.s
Totten was appointed to the 'b ,ard}
Of regents in November, .i9l7. anu
is serving on the board OF admin
istration under a 6 year term end
Ing in July. 1926 .si .,a s.5,5
Governor Nestos said that the rea-i
son for his acceptance Of .rotten's
resignation, effective April 80, was
in order to- give him reasonable time
to engage in future business. It also
was said that delays incident tore
m0val might have pro olonged Totten's
time IN office beyond that
~,.,v,v =, 4 - = - - =.