The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-03-06
SAY LEMBKEIN
ACTION FAILED
T00BEY ORDER
Supreme Court Demands Dis
trict Court Hear Case or
Call Another Judge
HAD ORDERED NAME ON
Judge Sought by
Long.Distance Telephone
to Serve Court Writ
HAD ORDERED NAME ON

Judge Pugh Of Dickinson will
hear the LaFollette case in Mar
dan tonight at o'clock on re-
quest Of Judge Lembke. accoro.
ing to word received here this af-
ternoon.
The Supreme Court, in an extra
ardinary order, Of superintendinp
writ. issued shortly before noon to-
day, commanded District Judge F. r
Lenibke to Immediately hear on it's
merits the, case involving the ques-
tion Of whether or not Robert M. La
Toilette may be permitted to with
draw his name from the. March Is
primary ballot
The court, in its order, declared
that Judge Lembke in issuing a new
alternative writ commanding restora-
tion of LaFollette's name to the bal
lot, late yesterday afternoon, failed
to comply with the order of the su-
preme court which sent the case back
to him for further proceedings.
The courts action followed appear
ance of Attorney-G General George
Shafer with an application for the
issuance Of writ bringing the pa
pers in the case from the Morton dis
trict court to the supreme court.
Says Order Violated
The Attorney General, in petition
and affidavit, asserted that Judge
Lembke failed to comply with the
previous order of the supreme court
which reversed his decision and or
der to Secretary of State Hall to nut
LaFollette's name on the ballot and
directed further proceedings. The
District Judge, he said, did not is
sue notice to the Attorney General
of hearing in the matter in which
writ was issued late yesterday af-
ternoon, being served upon Attorney
General Shafer at 4:35 P. M, COM
manding the Secretary of State to
restore LaFollctte's name to the bal
lot.
The Attorney-General, in an affi-
davit, said that he sought to get hold
OF Judge Lembke for the purpose Of
securing hearing and learned that
Judge Lembke, after issuing the writ
in Mandan. left that city about 3
o'clock Mountain time on train
bound for Mott, N. d. and that he did
not expect to return for 10 days. The
writ was returnable at Stanton,
March 10, three days before election.
Leaves Mott
The Attorney General said he COM
municated late last night with Judge
Lembke by telephone at Mott and
that "said Judge Lembke then and
there stated in effect that he knew
what the facts were in said Litiga-
tion and was prepared to and had de-
cldcd the merits thereof, and would
not change or modify the same upon
a further hearing"
The supreme court, in it's order to
Judge Lembke, declared that it ap-
peared he had not complied with the
orders of the supreme court, and di-
rected him to be in Mandan today,
March 6, and hear and determine the
election case on its merits, and in
the event of his inability to be pre-
sent, to call District Judge Thomas
Pugh of Dickinson to Mandan. Judge
Berry, the third judge in the district,
is in Valley City.
-. Order TelephOned j..
Judge Lembke could not be reuch-
ed by telephone at Mott by the CLERK
of the Supreme Court for the purpose
of serving the courts order. The
clerk telephoned the order to Het-
finger, having been informed at Mott.
that Judge Lembke had gone to Het
finger and would arrive about noon.
The order was given by telephone to
the Clerk of Court there to serve. It
was expected Judge Lembke would
comply with the order and ask Judge
Pngh to leave Dickinson and arrive
in Mandan late today to hear the mat
ter
Attorney General Shafer, in his Pc
titlon. declared that the Secretary of
State could not wait longer than to-
night to send the ballots out, and
that delay is jeopardizing the cleo
tion.
The order ofsJudge Lembke was is
sued yesterday Afternoon in Mandan
after attorneys Coghlan and He'll
strom appeared before him. Roy
Frazier asd John Bloom appeared in
with the court in the
morning, according to word from
They did not announce the
purpose of their visit
Writ of Csurt
The superintending writ issued by
he court follows:
Whereas, there has been presented
o this Court by the Attorney-Gcner-
II of this state an affidavit and peti-
ion for an appropriate writ, and,
Whereas, it appears that hereto
ore this court in the case Of state,
* rel R. A. Kinzer v. Thomas Hall,
As Secretary of State of the State
# North Dakota directed that the
ause be remanded, and, for purposes
# expedition, hearing be imlned-
ately had upon the issues involved:
nd,
(centinusd on pass q