The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1933-06-01

missioners discussed the contract in
open meeting.
Replying to McCurdy's charge that
F, Swanson had voted against accepting
the low bid on a contract with the
Quick Print company, Sullivan said
that when the bids were opened the
Quick Print was permitted to change
its bid and to insert the kind Of paper
to be used. Swanson objected that
this should not be permitted, accord
ing to Sullivan.
Referring to the contract for office
equipment for the Burleigh county
courthouse, Sullivan said that an ef-
fort was being made to intimate that
there was some dishonest connection
with The Bismarck Tribune" The
record shows, he said, that the Trib-
une had mot one dimes interest in
the contract" adding that the actual
fact, while not part of the record,
is that the Tribune never got one
dime out Of it."
Cites Wills Approval
Wills own testimony, Sullivan said,
regarding the courthouse furnishings,
was that 1T looked like good bust
ness to accept" the proposition of the
firm for which the Tribune was the
representative.
Buying supplies from the Tribune
while the Quick Print had the con-
tract, Sullivan told the governor, was
legal. He declared that when the
Tribune had the supply contract, ma
terials had been similarly purchased
from the Quick Print and other firms.
He maintained there could not pos
sibly be any damage under the con-
tract" which the suspended commits
sioners had voted to renew with the
Tribune.
"You can't take advantage of a
contract with the board of county
commissioners" Sullivan continued,
unless the board is authorized to
make it. If the board is authorized
to make it, they did SO lawfully and
1t is valid. II not, it's void. If it is
a valid contract, the commissioners
were right, and If not, they have no
contract"
AS Sullivan paused, Governor Ian
ger turned to McCurdy, asking him
to point out what Tiedman had done
to merit his removal from office.
McCurdy replied that Wills testi-
mony as to the question of the legal
ity OF renewing the contract being
questioned at the commissioners
meeting was sufficient notice to Tied
man that the contract was question:
able. Tiedman had taken no action
to obtain an opinion from the states
attorney and sat there knowing that
the question of legality had been
raised" McCurdy said.
The governor interjected. "He may
have done so honestly; what kind Of
notice did he have?'
McCurdy answered that Will and
Fricke had questioned legality Of the
contract, to which the governor re-
piled, ut was merely their opinion y
HE got an opinion from Register
and voted to get the opinion" the
governor added.
Charges Covering Up
McCurdy said the opinion was OBJ
tanned at the next meeting Of the
board when the commissioners had
heard that removal proceedings would
be brought. The opinion was asked
for, McCurdy said, in trying to COW
er up"
II don't believe you have a right
to assume that" LANCER said.
McCurdy called attention to the
record, saying it showed Tiedman's
act was illegal.
IT you can remove Tiedman for
what he did," the governor said,
there IS not an officer in the state
you can't remove
That's for you to decide" Nc
Curdy commented.
The governor then inquired Of Nc
Curdy as to his view on the posi-
bility that Swanson and Solder had
acted corruptly.
McCurdy said the commissioners
should have obtained an opinion on
the law before renewing the printing
supply contract.
The governor commented that the
presumption should be applied that
the men had acted honestly until 1t
could be proved directly that they
have been found dishonest.
Sullivan then explained that the
commissioners had asked for an opin-
ion on. the law, that the states at
torney informed them that the law
was uncertain, were advised to pass q
resolution holding up the contract
and that an opinion would be fur
yo{choN Of thu Nav ootjxn
He read from the record Of testi-
mony that Tedman expressed him
self as anxious to comply with the
law.
II believe Swanson testified" Sui
Ivan said, "that McCurdy once told
him they did not have to advertise
II had been states attorney, I would
have told them also they did not
have to advertise"
McCurdy told the governor Sulli-
van had been referring to actions Of
the commissioners after they had be-
come aware Of pending removal pro-
ceedings.
The governor commented that thu
commissioners had not had an op.
portunity to meet.
| Questions M'Curdy Again
us there anything about the Ar
Metal contract Involving furnishing
Of the courthouse by the firm which
the Tribune representeO that vol
think is crooked?" the governor askee
McCurdy.
McCurdy said that county Officers
knew better what was needed" thar
q representative from New York woult
tell them to use.
The governor said he did not be-
lieve this was so. as the officers coult
select any kind Of furniture.