The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1933-12-14
WENZEL TESTIFIES
NOWN BEHALF AT
HEARING IN CUSTER
Declares Previous Governors
Did Not Object to Bar
Association Post
QUOTES NEST0S ATTITUDE
Says Sorlie Also Failed to On.
pose Idea When Subject
Was Discussed

r. E. Wenzel. defendant in pro-
ceedings to GUST him from the office
Of workmen's compensation commits
sioner. testified in his own behalf
Thursday that governors under whom
he served and his colleagues on the
compensation board during his 10
statewide Employers association.
to his serving rs secretary Of the
State Bar association.
BY his testimony the defense SEEKS
to refute a charge in the states COM
plant that Wenzel violated the COM
pensation act by serving as bar asso-
citation secretary.
Miss Alice Brown, chief stenograh-
err for the compensation bureau. was
the first witness on the stand Thurs
day as the defense opened It's case.
The state rested late Wednesday.
Wenzel, the second defense witness.
was examined by George r. Shafer,
his attorney. He will be croSS-exam-
ined by Charles A. Verret, assistant
attorney general. and s. E. Ellsworth,
special assistant, Thursday afternoon
Wenzel testified he accepted the
appointment as Workmens Compen-
sation commissioner in September
1923, to fill the unexpired term Of his
predecessor who resigned. He said he
made no bid for the position, anc
three times declined to permit friend.
tc enter his name for 1t. At the time
he was secretary and attorney for tn.
years Of service advanced no objection.
Nestos Offered Him Job
The witness said r. A. Nestos. ther
governor. telegraphed him at Mime
apolis, where Wenzel was attending {
bar association meeting, and askee
him to come to Bismarck.
Wenzel came here and accepted thu
appointment, he testified. after Gov
Nestos assured him he could continue
lis bar association duties. Nestos cx.
p, essed the opinion Wenzel said. tina,
this would not be in violation OF thu
law.
In 1924 Wenzel was reappointed b,
Nestos for six-year term. and he was
appointed for another Six-year term by
Governor Shafer in 1929.
Wenzel testified the late Governor
A. G. Sorlie made no objections to his
serving as bar association secretary
when the matter came up in converse
ton between the two. Wenzel sale
that at card party he attended al
the governors home. remark wa
made that there appears to be some
criticism because they were visiting
one another. Sorlie and Wenzel be.
longed to opposite political factions.
The remark led Sorlie to say, thu
witness testified, he had received COM
plants because Wenzel was acting as
bar association secretary. but that he
passed it Off" Wenzel testified Sor'
lie expressed no objections to his serv
ing as secretary Of the bar association
Wenzel testified further that sub
sequent governors. Shafer and Viii
liam LANCER, expressed no objection
on the same matter
No Objection BY LANCER
Had you received any notice Of OBJ
lection from Governor Langer?" Wen
eel was asked by Shafer. None what
sewer was the reply.
The first notice ! had was whel
the complaint was served on me II
this action. Wenzel added.
He testified that at no time hat
any of his associates on the compen
sation board raised objections to hi
bar association duties.
Questioned further. Wenzel SAT-
none of the employees OF the compen
sation bureau had ever assisted hin
n his bar association work.
Interrcgating Wenzel regarding tn
charges made by the state that tn
manner in which minutes Of meeting
were kept was irregular, Wenzel ties
titled that the compensation act pro
v;des that the procedure should b
simple and not bound by any tech
meal or formal rules. He read sue
a provision from the law.
Miss Brown, previously state wit
ness. testified for the defense abou
transcribing OF motions into tn
minute record and how members {
the bureau placed their ''okay" o
original drafts Of motions before the
Continued on page nlne)