The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1933-04-05
Hutchinson -MQtthQei
Facing Recall Moves
Petitions Prepared against
Wells Senator and Ia
Moure District Judge
6UROlCK ATTACKS JURlS1
Farm Holiday ASS . citation
Against Him; Men Attack
ing Scion Not Named

Against Him; Men Attack
ing Scion Not Named
(Dy The Associated Rroos)
Recall movements doomed on two
fronts Wednesday, q steps were TAX
en- 70 circulate petitions aimed 70
bring about recall elections against
State Senator W. Z Natthaei Of Wells
county and District Judge william II.
Hutchinson Of LAl[oure, who = pres
ident Of the North Dakota bar asoo-
citation. It Is the first recall At
tempted In the history OF the state
against . district Judge.
Sponsored by the North Dakota
Holiday association. recall petitions
against Judge Hutchinson win Be dis
tributed among the organi1atto0s
township units In the eight counties
In the district, Usher L. Burdick, FAR.
90, state holiday association president,
told the Associated Press The dis
trict u composed Of Dickey, Emmons,
La Moure, Logan. AcIntosh, Ransom,
Richland and Sargent counties.
Recall petitions against Matthaei.
who WAS reelected for . four-year
term last fall to represent the 3Srd
legislative district In the senate. have
been drawn IN Bismarck and sent to
Wells county for circulation. The po-
titions do not disclose who Is sponsor
ing the recall.
OulgrowtA q Break
The Natthaei recall, however, WAs
| believed In official circles ct Bismarck
to be the outgrowth Of his break with
the majority ol the capital investigat-
ing committee on certain Issues dur
ing the legislative session. Both
MAtthaei and the committee major
ity were Nonpartisans.
l(atthAei was chairman Of the
committee but broke with the three
other Nonpartisan League mepbeFs
Of the committee In reporting the
groups findings. While the majority
committee members severely crtti-
cised the commission and recon-
mended It be abolished. Matthaei, In
Q separate report, recommended re-
tention Of the commissioner.
Burdick said the recall movement
against Hutchinson results from the
turist'8 ruling In cases involving Gov
ernor william hangers proclamation
prohibiting foreclosure Of mortgages
where the owners reside ON the home
Or farm affected. Burdick claimed
Hutchinson had disregarded the gov
errors proclamation. He said the
Holiday association has . sufficient
following in the third judicial dis
trict to assure" the recall sponsors
Of sufficient signatures ON the petit
tions to hiring about recall election.
Judge Hutchinson told the Associat-
ed Press he had heard ruuaors dur
ing the last few days that recall Pc
titions were being prepared but that
he did not know what charges are be-
ing made against him.
II am dischArging the duties Of dis
trict Judge under the constitution and
the laws to the best Of my ability. =
he said, and will continue to do 90
while I remain In office.
Fer Reeple - Decide
N q Judge can be recalled because
be = honestly and fearlessly perform
ing Ids duty then no one = safe. II
judges can be inundated by threat
of recall then our Democratic form
a government must fall. Should q
recall election come, the issue win be
clear. It viii be q matter for the
people 70 decide whether they de.
sire courts independent Of control BY
political q other groups o. courts
dominated BY some faction or party.
TO institute . recall election. sigma
lures representing - pr cent a. the
!! vote cast for governor at the last elec-
tion IN the counties In which recall Il
sought must be attached to the pett-
tons.
The gubernatorial vote in Wells
county totaled l.7o6 lAst November
when oovesnne IAngee received 3.o6l
votes, n. O. Dspuy. Democrats nom-
inee, LIN, and Andrew Omholt. Com
munist candidate. eight votes. At the
time Aatthaei. seeking hts second
te9m - state senator. polled ASH
votes aeaingt l.76o for John a. LAyne.
IN tn eight counties comprising the
third judicial district the vote for gov
srnor totaled 331ll.
Appointed By 0ovesnoe George =.
IAa,a1er 70 succeed the late Charles Z.
wolfe, Judge Hutchinson has served
| On the third judicial district bench
since March. 10. He = prominently
identified with The bar Of the state.
and for many years WAS law partner
lot State Senator ". d Lynch.
H eegved asstateiS attorney of La
lloare county. and at one time g
member q the board q trustees gov
erning the University q North Da-
lkota. He + . graduate q the VAL
ley OitD state teachers college and the
University q North Dakota.
T31e movement. against .Hutchinsou
stirred memogies q The states lam0ul
impeachment trial q judge John 7.
I0oWan II 1911. when Durdick. 9 leu
tenant eovetnoE 1T . The peeGidinG
judee h the trial ct Which The judge
ms exoneeateG.
In judicial eireles hsro. 4 Ms said
the Cowau txiAl ms the only attempt
made IN the history q the stats b ~
move . district Judge. The housl
voted impeachment and ths senate
txied tn co1e.
Durdick ~ th1nsa young lawye,
who, q the aee q u. became ueu-
tenant governor e ~ state. Johr
tDmhe, nov . Ju1t3oe . tle StaAo -.
knnamAn A6naek vna m0nun0a