The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1933-06-01
, CASE AGAINST Him
FALLS FLAT AYERS
GOVERNOR LANCER
Executive Orders M'Curdy to
AppIify Arguments Against \
Solder, Swanson
oUlzzES LAWYER SHARPLY
Expresses Desire to Settle Bur-
leigh County Imbrog|io
in Near Future
QUlzzES LAWYER SHARPLY
by the Associated Press)

ny the AS0OCl8Ce0 fTeSS)
Reinstatement of H. F. Tedman
suspended Burleigh county commits
sioner, was ordered yb Governor vii.
liam LANCER late Wednesday follow.
ing oral arguments in removal pro.
ceedings against three county com.
missioners.
The governor ordered F. E. Nc.
Curdy, Bismarck, prosecutor in tn.
case, to file a brief with him within
the next four days, setting forth VIII,
the other two commissioners. Charlie.
Swanson and Axel Solder. should bt
removed.
When Governor LANCER ordered sus.
pension of the trio April 20, three mer
were named to serve in their place.
on the board of commissioners pend.
ing the litigation. ...
William ]. Noggle of Bismarck wa.
selected to replace Tiedman, Jane:
Little of Regain to substitute for Sodel
and George Lewis of Sterling to take
Swanson's post.
After two hours of arguments ir
the chief executives office, the gov.
ernor asked John Sullivan. Mandan
and Thomas Burke. Bismarck, coun.
sci for the commissioners, to draw ur
en- order reinstating Tiedman Thurs
day morning, after commenting 81
don't find one scintilla of evidence
against Tiedman to merit his re.
moval." ss
Earlier In the hearing, the governo,
commented in reply to statements
made by McCurdy that If you Car
remove Tiedman for what he did
there is NOT an officer in the state
you can't remove
Questioned M'Curdy Often
The governor questioned McCurdy
on several occasions for specific in.
formation that might show that the
three commissioners had acted cor
ruptly and in bad faith.
The three commissioners were tenn
porarily suspended following filing Of
custer proceedings with Governor
LANCER alleging the men had renewed
contract for printing supplies with
the Bismarck Tribune without adj
yertising for bids, contrary to law. Nc
Curdy. in his argument, claimed the
law was clear that failure to advertise
for bids was against the law, and
brought the comment from LANCER In
one instance that you know opinions
have been given in absolute conflict.
The hearing opened with the gov.
ernor assigning As minutes to Nc
Curdy for the opening argument, tc
be followed by one hours argument
by Sullivan and Burke. with McCurdy
to be allowed Is minutes in closing.
After McCurdy had spoken for A
minutes, and Sullivan for half ar
hour. the governor began questioning
McCurdy, and much of the remain
der of the hearing was devoted to re-
plies to the governors questions.
McCurdy began by pointing out
that the three commissioners had
been charged with malfeasance, mis-
feasance and crime in office, declar-
ing that If any one of these were
proved it would be grounds for re-
moval. He said crime in office could
not be proved, unless malfeasance
could be called crime. Letting Of
the printing to The Bismarck Trib-
une, he told the governor, was un-
lawful
Points to 1921 Law
McCurdy pointed to the laws guild.
ing letting Of contracts by county Of
ficials, saying that 1921 and 1872;
law specifically require that supplies
and certain other materials should
be contracted for to the lowest bidder
after advertising for bids.
He called attention The Bismarck
Tribune had the contract for sup.
plies for 1882 and that the county
board, at its meeting March Z. 1893
by unanimous vote authorized ad-
yertising for bids for this years con-
tract.
Testimony before special COM
missioner showed, McCurdy said
that the next day Swanson and So
der raised the question as to whether
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