The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1933-03-01
LANCER Asks $500
From Bank of ~. ID.


Stating that II wouldn't look right"
for him to present and approve q
claim for himself O. . director Of the
Bank Of North Dakota, Governor
william LANCER last fall tried to OBJ
tain q settlement from the bank Of Z
claim for $500. 1t became known here
Tuesday.
The facts, g verified by former
state officials and others, show that
LANCER attempted to collect the
money for services In . case In
volving the Bank Of North Dakota,
under the claim that he acted % an
attorney In the case.
He first sent an emissary to Col.
G. =. Mudgett who asked II he would
consider remaining Is manager of
the Bank Of North Dakota, the evi.
dence discloees, and then approached
Mudgett to pay his bill for alleged
legal services rendered to the bank.
Between his first attempt to collect
1850 from the bank in 1895 and q
recent offer to settle" his claim for
$500, there was an attempt to collect
$500 from the estate Of the late
Theodore Koffel, Bismarck attorney,
or to have the administrator Of the
Koffel estate assist him In obtaining
. settlement from the Bank Of North
Dakota.
The whole case goes back to the
suit Of the q taxpayers In 1919 which
challenged the constitutionality Of
the North Dakota industrial laws en-
acted BY the 1919 legislature.
That suit Vas tried in the federal
dtstrict court after LANCER, then It.
togney general, had broken with VII.
liam L6mke, Governor Lynn J. Fra.
1ter and A. @. Townley, leaders Of the
League.
Frazier and Hagen Chary
Frazier and John n. Hagen. then
commissioner Of agriculture and la
Dor. were not anxious to have LANCER.
their political enemy. represent them
In the suit and 30 they retained
Lemke q separate counsel. When
the matter came on for hearing two
sets Of lawyers appeared for the de-
Tense. On one side was LANCER and
Judge W. g. Lauder Of Wahpetou. a
special assistant attorney general. On
the other was Lemke and one r. A.
Pike Of st. Paul, who previously had
been doing some legal work In con-
nection with the organisation Of the
Bank Of North Dakota.
Both sets Of attorneys followed the
case to the supreme court Of the
United States, where the constitu.
tionality Of the laws was upheld and
each set Of rival defense lawyers
credit for the victory.
Then came the election Of 1870 In |
which Lemke succeeded LANCER Is at |
torney general and an effort by Pike
to collect more than the industrial
commission was willing to pay him
Tor his services in the case. In the
same election LANCER, the then I. v. A.
candidate, was defeated by Frazier for
the governorship.
The matter dragged, according to-
the records Of the industrial commits
SION. and then came the recall elec-
tton In October, 1921. Between the
time Of the election and the inaugu-
ration Of the new officials, Pike filed
suit for payment for his legal serv-
Ices and garnisheed $4,000 Of the
Bank Of North Dakota's money In q |
Twin City hank.
Pixies suit was directed against the
bank on the ground that It had been
an interested party to the suit by the
q taxpayers and that he had been
it.
The suit was one Of the first things |
handled BY svienbjorn johnson when !
be became attorney general and In |
his answer he admitted that Pike had
been employed BY the industrial COM
- defense counsel
Skater Talks with LANCER
Nothing further was done until |
George =. shafer. recently governor.
became attorney general In 1913. He
moved to obtain action In the case
and. while It was still pending, met
LANCER On . train, 90 the story goes. |
sim bitter against Pike and Lemke. |
LANCER told ehafer. Pike already had |
been oveEpaid and offered TO make |
Affidavit that Pike had never been
employed BY the industrial commits |
don 10 defend Il. He had been Z |
Of the industrial commission
1t the time the employment was sup
posed 70 have bean made. although |
''on tho outs" with Frazier and Ha-
Den.
At this point Koftel enters the pic
euTe. The Bank Of North Dakota |
wat facing . mass Of litigation and
had employed Koffel - it, attorney. |
9hafer told Koffel Of Langer's WILL
|ngneag 70 testify that Pike never had
been employed BY the industrial COM |
and Kollel obtained from
LANCER IN affidavit that Pike never |
had been employed By the Industrial
On the strength Of this
md an affidavit BY Hagen, the hank !.
obtained permission 70 amend IT, an
gWer TO Pixies suit % - % deny that |
plke ever had been employed.
n about le2e the case came to trial
h Rauaey county, MINI, and LAnser
vent With Koffel 70 the trial 10 serye |
y Z witness. H Was never put on
The stand, however, g Fixes case
bogGed down and the Bank Of North !
Dakota waS given verdict without |
o1lefing any testimony. The victory |
toontinusd @ pats seren)
B 8S h Il