The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1933-05-04
BEGIN HEARING IN
CUSTER PROCEEDING
AGAINST OFFICIALS
Complete Denial of Charges
Against Three Commission
ers Made BY Defense
MAY DRAG IN OTHER ITEMS
Effort to Review All Actions OF
County Board Is Hinted
Thursday

Hearing Of the case in which Cover
nor William LANCER removed three
Burleigh county commissioners from
office got under way Thursday in the
Burleigh county courthouse before
o. G. Abern, Wishek attorney.
Defendants in the action are Axel
Solder, Wing, chairman of the county
commission; H. F. Tiedman, Bismarck
and Charles Swanson, Moffit, men,
beers of the county commission.
Compliments are H. p. Asseltine,
G. A. Anderson. L. E. Heaton and P.
P. Bliss, all living in the eastern and
southern parts Of Burleigh county,
and G. w. Ritterbush, Bismarck.
For the purpose of making the
record clear, the defendants entered
a denial of the charges made against
them, laying special stress upon their
contention that there was no fraud.
bad faith, wrongful, criminal or cor
rupt conduct on their part, no mis-
feaSance, malfeasance or crime in Of
flee and no COLLISION with any other
party or parties.
All of these things are charged in
the complaint, filed with the governor
and made by him the basis for his
order removing the commissioners
from office pending the hearing and
final disposition of the case.
The single item complained Of by
the citizens signing the petition for
removal was that the three commits
lsioners voted to extend a contract with
the Bismarck Tribune company for
county printing and office supplies,
the assertion being made on "infor-
nation and belief" that a conspiracy
had been entered into by the three
board members and The Bismarck
Tribune for the extension of con-
tract made in 1882 and which expired
in 1893.
Deny Bill of Particulars
Motion that the prosecution furnish
a bill of particulars as to this alleged
corrupt agreement was denied by
Commissioner Abern. John F. Sulli-
van, Mandan, representing the de-
PENDANTS, asked that they be informed
where, when and with whom the al
legged agreement was made, what the
alleged consideration was and other
pertinent information on in order that
the defense might prepare to refute it.
F. E. McCurdy, special prosecutor
appointed by the governor and at
torney for the five citizens who asked
removal of the commissioners, OBJ
jected to the motion and was sus-
tanned. McCurdy pointed out that
the suggestion of a collusive agree
ment was made on information and
belief" only and that the prosecu-
ton did not have the data neces-
sary to give a bill of particulars but
would attempt to develop the facts
by evidence, some of which they ex-
pected to come from witnesses not
friendly to the removal proceeding
He further asserted that the request
was unreasonable and not in accord
with law, whereupon Sullivan re-
torted that every defendant, in both
civil and criminal proceedings. is en-
titled by law to know definitely what
charge is made against him.
Upon McCurdy's admission that he
could not furnish the information
asked the motion was overruled.
Aside Is Illuminating
An aside between Sullivan and Nc
Curdy indicated that an effort may
be made to inject into the proceed
ings matters other than those con-
nected with renewal of the supply
and printing contract and rumor had
it that these would include the build
ing of the courthouse several years
ago. No mention of the courthouse
was made In the complaint to the
governor and Sullivan served notice
he would object to the introduction
Of extraneous matter unless the COM
plant were amended to include
charges covering them so the defense
might prepare itself to combat what
ever testimony was offered.
All the people in the courtroom
heard the conversation between Sui
Ivan and McCurdy, which apparent
ly was "off the record" It follows:
Sullivan-"If you are going to put
in a lot of raspberries that have
nothing to do with us let us know"
McCurdy's answer to this was not
audible.
Sullivan-"Then you think there
are lot of things about this law
apparently that covering the letting
Of printing and supply contracts)
where people could honestly dis
agree?"
McCnrdv-"YeS"
Sullivan-"Then what the
did you start these proceedings for?
These fellows (the county commits
sioners) may have disagreed among
themselves"
A litter Of laughter ran through
the courtroom at this remark and Nc
Curdy's reply, if any, was lost to the
spectators.
. Dismissal Is Asked
In connection with his answer to
the charges, dictated into the record
as the hearing opened, Sullivan also
incorporated the text Of his motion
asking the governor to dismiss the
case filed two days after the order
removing the county commissioners
continued on Page Sevenl