The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1933-10-28

Wenzel in the performance Of his du-
ties or possession Of the office until
his right to serve as member Of the
board had been determined by the
courts.
Verret requested a vote on his de-
mand to seat Pfeifer and Wenzel
moved that the board 60 into ex-
ecutive session. It was carried.
l,reckel voting "yes" and Walker mo"
and Pfeifer demanding that he be
permitted to vote. asserting that he
was a duly appointed and qualified
member Of the board.
Before an executive session could
he held, however, Verret again de-
| rnanded a vote on the seating of
! Pfeifer and that the matter be re-
corded.
Wenzel declined to put the motion
and Verret then asked Preckel II this
stand expressed his view.
There followed the first Of q long
succession Of silences with Preckel ION
the pam" Finally he came up with
the statement that he did not de-
cline to act.
Wenzel and Shafer left and the
board reorganized by electing Walker
as chairman, Pfeifer making and put
ting the motion and Preckel voting
aye"
Appeared Late Friday
Pfeifer appeared at Wenzels office
late Friday with the appointment
from Governor LANCER, designating
him to take Wenzels place, the gov
ernor having directed Wenzels re-
moval in an executive order late
Thursday night.
Wenzel told Pfeifer he refused to
vacate. whereupon the latter called
verret who took up the argument In
an effort to induce Wenzel to leave
peaceably. This failed and Satur-
day Wenzel made it plain that he
would stay on the job until an order
was served which he considered legal
or he was removed by show Of force.
Wenzel's contention is that the gov
er1lor has no power to suspend him
pending a hearing and that the order
for his suspension is illegal.
Pfeifer's position was that he has
been appointed to the office and
wanted 1t, since he heretofore has
been a member Of the great army Of
unemployed.
Wenzel had prepared statement
to be served upon whatever official
came to GUST him by force, warning
him that the act is illegal and that
he will be held personally responsible
for his actions. Thus it appeared
probable that one or more civil suits
might follow the custer. A fight
against the custer proper is consid-
cred inevitable.
county for Is years, having home
steaded there in 1908. He was ap-
yointed Slope county's first register
Of deeds by Governor L. B. Hanna
and served one term. during 1915 and
1916. In 1921, he was special deputy
state examiner for the banking de-
partment, in charge Of the closed
First State Bank of Anidon, being
lusted after the recall Of Governor
Lynn ]. Frazier by the Nestos admin
:stration.
Ardent Townley Man
An ardent supporter of A. G. Town.
.ey, Pfeifer has shared the numerous
adventures Of that individual and
participated in Townley's oil-promot-
ing ventures throughout the state sew
sral years ago. Saturday he empha-
sized that his loyalty to Townley is
undimmed.
Born in Green Lake county, Wis
consin, 48 years ago. Pfeifer was edu-
Gated In the public schools and took
Two years Of preparatory work at
Northwestern College, Naperville, III.
Later he went to Ripon College, Rip
IN, Wis, for two years. playing on q
football team which he declares is
"the best Ripon ever had"
For II years preceding 1925, Pfeifer
said, he was in the insurance business,
out recently has been q member of
what he termed "Hoover's Army"
Wenzel said the proceedings
probably will ruin him financial
ly but he Is willing to be the goat to
determine whether the governor can
Nersistently violate the constitution
VI the state. ignore the rights Of the
courts and the rights of citizens.
Any custer by force, he contended,
will make those participating in it
legally liable for damages, since the
courts are open as remedy and the
matter could be determined by
mandamus action begun In the reg
llar way.