The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1933-06-01

misled with the possibility that the
validity of the contract would be
questioned.
The commissioners then sought the
advice of States Attorney George S.
Register, Sullivan said, and were told
to pass a resolution holding up the
contract until it's legality could be
determined.
MCurdy Overlooked 1t
Before the meeting came along"
Sullivan said, "a complaint was fill
ed without advising you Of the actual
facts, and the commissioners had no
chance to rectify their act. That was
the situation and McCurdy overlook
ed it,"
Sullivan then pointed to the law
which the commissioners are alleged
to have violated, declaring that the
legal fraternity Of the state was dis
agreed on it.
He added that the prosecutor In an
effort to show bad faith on the part
of the commissioners sought to indi-
cate Swanson and Fortenberry left
the commission meeting, continuing
that In the record Fortenberry dis
claimed this, and Commissioner Will
testified he could not remember.
whats the difference II he (Swan-
SOM had discussed it?' Sullivan ask
cd. Its long, long way from bad
faith"
Tiedman, he declared, relied on the
Tribune representative and the COM
missioners discussed the contract IN
open meeting.
Replying to McCurdy's charge that
Swanson had voted against accepting
the low bid on a contract with the
Quick Print company, Sullivan said
that when the bids were opened the
Quick Print was permitted to change
it's bid and to insert the kind of paper
to be used. Swanson objected that
this should not be permitted, accord
ing to Sullivan.
Referring to the contract for office
equipment for the Burleigh county
courthouse, Sullivan said that an eff
fort was being made to intimate that
there was some dishonest connection
with The Bismarck Tribune" The
record shows, he said, that the Trib-
une had mot one dimes interest in
the contract" adding that the actual
fact, while not a part of the record.
is that the Tribune never got one
dime out of it,
Cites Wills Approval
Wills own testimony, Sullivan said,
regarding the courthouse furnishings,
was that 1T looked like good bust
ness to accept" the proposition Of the
firm for which the Tribune was the
representative.
Buying supplies from the Tribune
while the Quick Print had the con-
tract, Sullivan told the governor, was
legal. He declared that when the
Tribune had the supply contract. ma
terials had been similarly purchased
from the Quick Print and other firms.
He maintained there could not pos
sibly be any damage under the con-
tract" which the suspended commits
sioners had voted to renew with the
Tribune.
"You can't take advantage OF a
contract with the board Of county
commissioners" Sullivan continued,
unless the board is authorized to
make it. If the board is authorized
to make it, they did so lawfully and
it is valid. If not, It's void. II 1t is
a valid contract, the commissioners
were right, and If not, they have no
contract"
AS Sullivan paused, Governor Lam
ger turned to McCurdy, asking him
to point out what Tiedman had done
to merit his removal from office.
McCurdy replied that Wills testi-
mony as to the question Of the legal
ity OF renewing the contract being
questioned at the commissioners
meeting was sufficient notice to Tied
man that the contract was question:
able. Tedman had taken no action
to obtain an opinion from the states
attorney and sat there knowing that
the question Of legality had been
raised" McCurdy said.
The governor interjected. He may
have done so honestly; what kind Of
notice did he have?"
McCurdy answered that viii and
Fricke had questioned legality of the
contract, to which the governor re-
piled, lit was merely their opinion"
"He got an opinion from Register
and voted to get the opinion" the
governor added.
Charges Covering Up
McCurdy said the opinion was OBJ
tanned at the next meeting Of the
board when the commissioners had
heard that removal proceedings would
be brought. The opinion was asked
for, McCurdy said, in trying to COW
er up"
II don't believe you have a right
to assume that" LANCER said.
McCurdy called attention to the
record, saying 1t showed Tiedman's
act was illegal.
IF you can remove Tiedman for
what he did," the governor said,
there Is not an officer in the state
you can't remove"
That's for you to decide" Nc
Curdy commented.
The governor then inquired Of Nc
Curdy as to his view on the posi-
bility that Swanson and Solder had
acted corruptly.
McCurdy said the commissioners
should have obtained an opinion on
the law before renewing the printing
supply contract.
The governor commented that the
presumption should be applied that
the men had acted honestly until II
could be proved directly that they
have been found dishonest.
Sullivan then explained that the