The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1933-04-22
Ask 11StQtei11e11t
OF Commissioners

ernor LANCER He Has Been
Misinformed
BLAME PREJUDICE, BIAS
Declare Four Of Petitioners
Have Special Personal
interests in Case
Informing Governor William Lang
er that he had been misinformed Is
to the facts Of the charges against
three Burleigh county commissioners
upon which he based . removal order
Thursday. Attorneys Thomas Burke.
Bismarck, and John +. Sullivan,
Mandan, Saturday filed . motion
asking that the complaint be dis
missed and the removal order can
celled.
After reviewing the law and the
facts In the case, the motion asserted
that this removal proceeding and
the whole thereof was inspired, In all
probability, by interest, prejudice and
bias, that your original removal order
was made by you without having be-
fore you the real facts In the matter
and that the complaint Is not suf-
ficient, Is q matter Of law, upon
which to base q removal proceeding"
The motion sets forth that the pro-
per legal method and course Of pro-
cedure to be followed in purchasing
printing supplies has been . matter
Of continuous controversy In the state
for . considerable number Of years
and that not only county commission
ers but states attorneys, attorneys
general and judges have disagreed on
the question.
The laws governing the matter are
reviewed In the motion and the ex-
tent Of the disagreement Is indicated
by the fact that three different legal
opinions have been advanced on the
subject.
Cite Eight Other Cases
The point Is raised that exactly
similar extensions Of contract have
been made this year In 1t least eight
counties under exactly similar condi-
tions, none Of them with The Bis
marck Tribune company. the contrac-
tor for Burleish county.
Attention also is called to the fact
that the contract. II illegally made, Is
void, that the board acted on the adj
vice Of George 8. Register, Burleigh
county states attorney. and that .
resolution Of the board held up APP
plication Of the contract pending .
formal opinion from Register on the
law governing the case.
The governor Is informed that the
petitioners absolutely failed" to fur
nish the governor with this informa-
ton, which was matter Of public
record.
Supporting the contention OF "in-
terest and prejudice" the motion as
serts that g. A. Anderson. one Of the
petitioners. twice ran against Charles
Swanson for commissioner and was
defeated; that P. p. Bliss also was
defeated by Swanson; that 1. +. Hea-
ton was discharged by the board Of
county commissioners In connection
with the r. +. G. matter and that
G. w. Ritterbush was connected with
an architectural firm whose applica-
ton for designation Is architect ON
the Burleigh county court house was
rejected.
The motion asserts I'VE are fur
tter advised by the board OF county
commissioners that . protest was
filed by Mr.. Conrad and Mr.. Orr Of
the Quick Print, and Mr.. Conrad adj
vised Mr.. Tiedman and Mr.. Solder.
the respondents herein. that II the
board Of county commissioners did
not 60 ahead and ask for bids Is he
directed that he would Sc that
LANCER removed them from Office"
Point D 1871 Law
In the discussion Of the law gov
erning the matter. the motion points
out that . law passed In 1871 per-
tanning to the erection Of public
requires advertisements for
fuel, stationery or other articles used
BY the county, including labor. II tho
amount to be paid exceeds $500.
The 1913 legislature reenacted this
law but confined the necessity Of
asking for bids to fuel. election bal
lots and election supplies when tho
amount exceeds $500. A sentence ap-
pended to the 1923 law makes no
mention Of advertising for bids for
stationery, blank books or supplies
generally but provides that where
contracts are let for furnishing bel.
lots, election supplies, blank books
and supplies generally, they shall be
lot Of the first regular meeting In
April. and run for one year.
Another law, II r pointed out, pro.
vides that purchases OF blank books
Ind other stationery for the use Of Ill |
county offices u not In the hands Of |
county commissioners ct oil but q
delegated to . committee composed Of
he county auditor, treasurer and
CONTINUED on page throel
Orv Ia WI