The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1933-06-01
COMMISSIONER CASE
FALLS FLAT AYERS
GOVERNOR LANCER
Executive Orders M'Curdy to
App|ify Arguments Against
Solder, Swanson
by the Associated Press


Reinstatement of H. F. Tedman
suspended Burleigh county commits
sioner, was ordered yb Governor Will
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 the
case, to file brief with him within
the next four days, setting forth why
the other two commissioners, Charles
Swanson and Axel Solder. should be
removed.
When Governor LANCER ordered sus-
pension of the trio April 20. three mer
were named to serve in their places
on the board of commissioners pend
ing the litigation.
william J. Noggle of Bismarck was
selected to replace Tiedman, James
Little of Regan to substitute for Sodel
and George Lewis Of Sterling to take
Swansons post.
After two hours of arguments III
the chief executives office. the gov
ernor asked John Sullivan, Mandan
and Thomas Burke, Bismarck, coun-
sci for the commissioners. to draw up
an order reinstating Tiedman Thurs
day morning. after commenting Il
don't find one scintilla Of evidence
against Tiedman to merit his re-
moval."
Earlier in the hearing, the governor
commented in reply to statements
made by McCurdy that If you can
remove Tiedman for what he did
there is NOT an officer in the state
you can't remove"
Questioned MCurdy 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
q contract for printing supplies with
the Bismarck Tribune without ad-
vertising 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 IS 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 At
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 hac
been charged with mafeasance, mis-.
feasance and crime In office, declar.
ing that If any one Of these wert
pIOVCO ~ WOO4O UC SAOOA1OO Az ~
moval. He said crime In office could
not be proved, unless malfeasanc<
could be called a crime. Letting o.
the printing to The Bismarck Trib.
une. he told the governor, was un.
lawful.
Points to 1921 Law
McCurdy pointed to the laws guid.
ing letting Of contracts by county Of
ficials, saying that q 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 count,
board, at its meeting March Z, 1888
by unanimous vote authorized I'd.
vertising 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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