The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1933-03-30
DESIRE TO DEFEND
regulations
fight AT HEARING
Report Is Bangs, ConkIin Seek
Only to Inform Public Of
Capitol Facts
AssAIL GOVERNORS PLANS
People Of State, Not Executive,
Will Be Jury Under Their
Procedure !

Only the desire TO defend their
regulations caused George A. Bangs,
Grand Forks, and Fred L. Conklin.
Bismarck, to fight the custer pro-
ceedings instituted by Governor Will
liam LANCER which came to q hearing
Thursday, 1t Is learned on good au-
thority.
They have no real hope and little
desire to be restored q active men,
bers Of the commission constructing
the state capitol building. They do
hope to vindicate their actions and
their regulations before the people Of
North Dakota.
This attitude Is said to be based
on legal advice which has been given
them that the governor is the prose-
cutor. Judge, jury and executioner
under the law and that they can en-
terrain little hope Of being restored
to active duty on the commission
until after the capitol building Is fin
ished, II ever.
They hope for no fair review Of
the evidence by the governor and re-
gard his mind as having already
been made up. On this basis their
participation In the hearing will be
merely for the purpose Of giving the
people their side Of the story Of the
capitol construction in order that the
citizens OF North Dakota may Judge
them fairly.
On this basis, the real jury sitting
In the removal case will be the people
Of the state. The ousted commission
ers also look to them to b4 the final
judges, no matter what decision the
governor renders. Their private ex-
pectation Is said to be that the gov
ernor will rule against them and con-
firm his custer order, regardless Of
the evidence.
This attitude finds Justification In
the law governing such proceedings
which gives the governor wide powers.
It provides for court review Of the
governors actions In such cases only
In q limited way, Bangs and Conklin
have been advised, and there Is an
implication that the governor Is the
sole Judge as to whether the evidence
Is sufficient to justify removal.
Friends Urged Fight
Since Governor LANCER appears as
an active prosecutor In the case,
friends Of Bangs and Conklin have
assumed that he will decide against
them. but urged them to fight the
proceedings In order to clear the rec
ord and get the facts before the pub
lie.
The present proceeding appears to
be without substantial precedent since
the capitol commissioners were ap-
pointed under the special law pro-
viding for construction Of the build
Ing. In cases involving county off,
cials, however, the statute said to be
guiding the present proceedings. the
law guarantees the defendants In
custer actions only q hearing before
the governor and requires the COVER
nor to base his decision on the EVIL
dence presented to him. The only
successful appeal to the courts In
such cases must be based on Q show
ing that . hearing was denied. ac-
cording to one legal view.
VASCt4AC1 VI 1SOt tIlAO otdtutS WOO4O
govern In the present case Is ques-
ton but, In any event, the matter
Is so subject to delay that the capitol
could be constructed before the case
Is decided. The governor could, II he
wished. delay his decision Indefinite
". Once the decision u given, It
would require time to prepare and
make an attack on 1t In the lower
courts and then to perfect an appeal
to the state supreme court.
Despite knowledge Of these factors,
It Is said. Bangs and Conklin deter
mined to 60 ahead with their contest
Of the custer suit In order to inform
the people Of their side Of the case
and to obtain vindication In the
minds Of North Dakota's citiSenry.