The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1933-03-29
way FOR ACTION IS
CLEARED AS BANGS
MOTION IS DENIED
All Charges Made BY Governor
Against Commissioners
Declared Untrue
CONTEND LAW WAS 0BEYED
F. /. Andsrs Expected to Be
First Witness When Case
Gets Under Way

proceedings against George A. Bangs,
Grand Forks, and Fred L. Conklin,
Bismarck. suspended members Of the
capitol building commission, was filed
for the commissioners at their hear
ing on the charges Wednesday after
noon.
The hearing at which John E. VIII
liams, Washburn attorney, Is presid-
ing, recessed until Thursday morning
to await the arrival Of George W.
Thorp, Fargo, who will represent the
two capitol commissioners: Counsel
for both sides agreed to the recess
sugeested by Bangs as F. L. Anders'
secretary of the commission, was be-
ing called to the stand.
The answer filed by Bangs In BE-
half Of himself and Conklin denies
all charges and particularly. that
they have been guilty Of misconduct
Inconsistency, malfeasance OF mis-
feasance In office" or that they have
violated the capitol commission act,
or have failed to properly protect the
property Of the state.
Anders will be called to the stand
when the hearing Is resumed Thurs
day morning.
CHALLENGES Jurisdiction
At the opening session Wednesday
morning Bangs challenged williams
Jurisdiction to take testimony but wa
overruled after an extended argu-
ment. The taking Of testimony waa
thereupon set for "wednesday after
noon.
Bangs, representing himself and
Conklin, termed the governors sus.
pension Of the commissioners and
appointment Of the special commits
sioner to sit in the case as clearly
an illegal use Of power" and told the
commissioner I'VE want to get done
with situation that Is utterly in
tolerable."
E. r. sinkler, Minot, who was
counsel for the legislative committee
that investigated the capitol commits
sion, appeared as q representative Of
the governor, and State Senator
Charles q. Bangert, Ransom county
a member Of the investigating group
appeared as special assistant attorney
general to prosecute the case.
Bangs said that George w. Thorp
Fargo, who represented him and
Conklin before the legislative inves-
tigators, Is on his way to Bismarck
to appear Is counsel In the case
Horatio Hackett Of the firm Of Hola-
bird and Root, Chicago, associate ar
chitects for the capitol building
came here prepared to testify at the
hearing. Frank Anders, secretary o.
the commission. appeared with rec
ords.
Hearing ID Recessed
After williams ruling that he had
the proper jurisdiction to conduct the
hearing, the case was recessed until
2 D. m. on motion Of Bangs VINO
asked for an extension OF time "a
await the arrival Of Thorp. When he
failed to arrive by that time the re-
cess until Thursday was taken.
Bangs and Bangert FLASHED on sew
eral occasions, with the prosecutor
entering objections when Bangs sum.
married. the governors complaint
during arguments on the Jurisdiction
Of the commissioner. Bangert claimed
Bangs was discussing the merits o.
the case. and this brought . retort
from Bangs that "even Mr.. Bangert
vim know what I'm talking about
when I ret through" Bangs requested
that the prosecutor refrain from in
terrupting him.
n For Is minutes. Bangs argued that
the commissioned had no jurisdiction
80 sit in the case but that the law
Seontemplates that the governor him
oelf must conduct the hearing. Ban
rert contended that II this were %
the capitol commisisoners could have
appealed to the courts for restrain
B ne order, and charged Bangs argu-
ssnent has nothing to do with THU
succeeding"
sS Under the law creating the capitol
Gommission. Bangs said. the power Of
\ 1emoyal Il vested In the governor.
- added that the method invoked
i - the governor to remove the com.
lssiouers Is that prescribed for re-
4 oval Of certain county officials. He
I'd the capitol commission act pro-
I'D for removal Of the commission.
"for cause," and challenged thu
thority Of the governor to suspend
y II commissioner pending the hear
.ssss ssham,' says Bangs
NJ Bangert replied that williams had
Zen merely appointed to take testi-
bny and not to rule on the question
v law. He declared the proceeding
Tore the commissioners = the sarle
though It were before the gov
II nor.
hearing other than one directly
q ore the governor, Bangs asserted
Il Md be mere sham, = farce. q
rae than Z farce"
sNothing les than . hearing b.
d re the governor viii satisfy the re-
II irement Of the statute" he added.
Nh Bangs arguments brought from
kneert the reply that III Mr.. Banel
CONTINUED O Yage 9evenl