The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1933-05-08
BEGIN DEFENSE OF
COUNTY FATHERS IN
CUSTER PROCEEDING
Prosecution Closes Case With.
out Offering Direct Evil
dence On Charges
1891 DEAL is REVIEWED
Defendants Show Failure to Re.
new Contract That Year
Cost County Money

Prosecution of three Burieigh county
commissioners. suspended by Cover
nor William LANCER pending hearing
of charges against them, was closed
Monday morning and the defense be-
gan presenting testimony to contro-
vert the evidence offered by the pros
ecution.
Defendants In the case are Chair
man Axel Solder. Charles Swanson
and H. F.. Tiedman.
Attorney F. E. McCurdy, directing
the prosecution, closed his case with
out offering any direct testimony to
support charges that the three COM
missioners were guilty of fraud. COL
lusion and crime in office, as charged
in a complaint filed against them by
five Burleigh county citizens.
He did prove that the county COM
mission did business with the Bis
narck Tribune company at time
when the county had contract with
the Quick Print, Inc, for the furnish
ing of certain items. He did not
prove that the items furnished by
The Tribune were the same as those
named in the contract with the Quick
Print and offered no evidence bearing
directly on the charge that the three
accused commissioners had entered
into collision with The Tribune COM
pany to extend a contract for sup
plies in 1888.
County c o m m ssioner William
Fricke. q member Of the board who
was not removed from office, testified
Monday morning that, before a ma
jority of the board voted this spring
10 extend contract with The Trib-
une at 10 per cent reduction from
1882 prices, there was discussion OF
the fact that the same situation had
arisen in 1881 and that the county
had paid higher prices, after getting
new bids, than 1t would have paid If
the 1880 contract had been extended
In 1881 contract with The Tribune
company was renewed but later re-
scinded after receipt of an opinion
from Charles Simon, then assistant
attorney general. 1t is on the basis
If this opinion that McCurdy con-
lends the defendants knew they were
violating the law in extending a con-
tract for 1888, although States At
torney George F. Register has testi-
fled at the hearing that he had ad-
vised them the requirements of the
Ia N, v,oro ,,nrorfoiY,
Tiedman Not Mentioned
All of the evidence presented by
the prosecution has been directed
toward showing that Swanson and
Solder had, as members of the COM
mission, participated in contracts
and other affairs whereby the county
did business with The Tribune com
pany, but no explanation was made
by the prosecution of why Fricke and
George F. Will, continuing members
of the board who are not accused
in the removal proceedings, did the
same things and in the same man.
ner.
To date no evidence touching upon
the charges against H. F. Tiedman
new member of the board, has
been injected into the record and
with the prosecutions case closed il
appears that none will be offered on
this point.
Under cross-examination Monday
by John F. Sullivan, who with
Thomas Burke is representing the
defense, Fricke testified that there
was some discussion this year of the
legality of extending the contract and
that none Of the commissioners were
certain on that point. There also
was discussion Of the point that the
county could have saved money in
1881 by renewing its 1880 contract
with The Tribune, he said. The con-
tract for 1880, which it was proposed
to renew, and the contract for 1881
entered into after bids had been re-
ceived, were offered in evidence. Sui
Ivan pointed out the differences In
the two to show that the county lost
money by not extending its 1880 con-
tract. He also pointed out that the
contract finally entered into with
the Quick Print made no mention as
such common items as letterheads
and envelopes.
The fact that the county purchased
items of this class from The Tribune
company in 1881 has been stressed by
McCurdy as tending to show collu-
sion and fraud in office, although the
purchases were approved by all men,
bers of the county board.
No Secrecy About Deal
J. F. Fortenberry, salesman for The
Tribune company, was the first de-
Tense witness. He testified that he
proposed to renew the 1882 contract
for 1888, offering 10 per cent cut
in prices and advised the board that
the counties Of Emmons, Grant and
Slope had renewed similar contracts
with other supply firms.
Efforts by McCurdy to rule out
Fortenberry's testimony on his con-
versation with the board members
were overruled by Commissioner O.
G. Abern, presiding at the hearing
The witness said a majority of the
board regarded the offer as good
one in view Of their experience in
1891 and accepted it after some dis
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