The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1922-02-04

it was learned that they will be
[feasance and misdemeanors in
ID. 5.a. n5
The basis of the charges against
the board members is understood to
be in part based upon contracts let
for supplies for the various state in
stitutions, it having been alleged in
reports to the governor that the
states interest has not been concern
ed in the letting of contracts, some
CT which have, been let to highest bid.
ders. Higher prices have been paid
Tor supplies than is held necessary, it
is charged, and "gross incompetence"
will be charged.
Decline Statements.
Both Mr.. Totten and Mr.. Cahill told
a representative of the Tribune early
this afternoon that they did not care
to make any statements at th4s time.
Mr.. Cahill indicated he would make
a statement later.
1t Is understood, however, that the
two members expecting that removal
would be demanded, had already en-
gagged legal counsel to represent them
Governor Nestos has previously
stated that he would not undertake
any removal proceedings Of any Non.
partisan or other officer Of the former
administration that was not amply
justified and where the evidence
would not stand the test of the
courts. His action I'm demanding the
designations is taken to mean that the
executive believes he has ample
grounds for demanding the removal,
as he has been bitterly criticised in
some quarters for not removing sew.
eral Nonpartisan Office holders who
had been the subject of many bitter
campaign charges.
Totten, former preacher, was at
outs with the Frazier administration,
1t was generally reported, and it was
expected that Governor Frazier would
have attempted to remove him had he
not been defeated in the recall elec-
ton. Complaints also had been reg
istered against Cahill to Nonpartisan
officials, it was rum0red, although
this is not definitely known.
Governors Position.
There were reports in capitol cir
cles yesterday that evidence had been
submitted to Governor Nestos and re-
quest made for removal of several
office holders. including two men,
bers of the fish and game commits
Governor Nestos, who has stead
fastly maintained that he would not
begin any removal proceedings un-
til he felt that evidence submitted to
him, if any, was sufficient to warrant
removal and to stand the test of the
courts, when asked yesterday about
the reports, said:
During the first six weeks Of my
administration, no evidence was sub
mitted for the removal Of any ap-
nointees that seemed to me to be suf-
ficient to warrant the commencement
Of an action" said the Governor, "and
it is only during the last couple
weeks that the evidence submitted
has been sucht.as to make me feel
that removal proceeding would be
just, and certain to be sustained by
the courts in the event that an ap-
peal was taken. There are at least a
couple Of cases now where such evil
dence has been submitted, and where
it is likely that action will be brought
very shortly"
Reviews Complaints
Reviewing the complaints of many
persons who had expected a "house-
cleaning" under the new administra-
tion, the Governor said:
81 notice that some people and
newspapers are inclined to be critical
of the administration because they
claim that long before this the Gov
ernor should have removed certain
appointees from the office to which
they were appointed by the former
administration. l do not believe that
this criticism is warranted, although
Of course, it is question upon which
there may be a difference of opinion.
Practically all of these appointments
were made for certain definite per-
iod Of time, such period expiring in
the different cases in 1923, 1925 and
1927 and in most cases these ap-
pointees are removable Tor cause
only.
"It is true that general impress
sion exists that abundant cause ex-
lists in many of these cases and ap-
parently this impression seemed to
! be we'll founded in the light of the
reports of the general activities OF
these appointees and their qualifica-
tions for the position they hold.
"I have announced it as my attl-
tude, however. that l have seen nc
occasion to change my mind, that
will commence none Of these proceed
ings until the evidence produced be-
! fore me appears to me to be suffi.
cient to warrant the removal and sucf
as would be legally sufficient to sus
tain my order of removal in case al
appeal we're taken therefrom to thu
courts Of the state"