The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-07-19
r. ON TIN u E IN
from paSo ono
Acting Governor
Takes Control of
Executive Office

LANCER, serves as highway department
head.
It was learned the road official
will reinstate road funds when Olson'l
appointee, w. E. stitzel, takes office.
Although the khaki-garbed mill
tary still were custodians of order a.
the capitol, and moved at times tx
various portions Of the city, MARTA
law as such did not exist throughout
the state, Olson explained.
The order for the troopers to con.
tinue in active service was taken q.
q preventive act" he said. Report.
Of violence being contemplated, and
possibility of further disturbances lee
to the order for the military to "stanc
BY"
Should the necessity arise by viz.
tue Of an emergency with which or.
binary forces cannot cope, I shall de.
clare martial law" Olson said. There
are cerain conditions existing now
that require special aid of the mill
tary; further extension of that power
rests for the time in the discretion OF
the adjutant general, under my exc
cutive order"
Olson To Ignore Session
Any meeting Of the legislators in
special session will be ignored by him
as an illegal gathering, he said. He
declared he would take no part in the
meeting, neither as president of the
senate nor as acting chief executive.
Olson likewise said he planned no
attempt to take physical
possession of the governors office In
the capitol building. .....
1T IS not in my mind at the present
time," he explained, because no real
necessity has arisen for such action.
Should I attempt to do so and If they
block me, should have to call on
the adjutant general to aid me-"
No demand has been made for
books and records Of the governors
office although the judgment of the
court was that they should be turned
over forthwith" to Olson as lieuten-
ant governor, acting as chief execu-
tive.
An attempt to delay judgment Of
the court was made by counsel Tor
LANCER when they appeared before
the supreme court with an applica-
ton for permission to file q petition
for review of the custer action.
The attempt failed when the court
informed them the tlEtices would
hear the application, but would not
grant stay of judgment.
Seek Writ Of Error
Counsel for LANCER disclosed that
an attempt would be made to obtain
a writ Of error from the United States
supreme court, on grounds OF alleged
violation Of hangers constitutional
rights.
Many felt that the house would
meet, vote impeachment charges,
which would not be tried by the SEN
ate, then adjourn, the charges to be
used for political fodder in the fall
LANCER still considers himself legal
" qualified to be q candidate In the
fall, and thus far has made no an
Of any intention OF aban-
doning his campaign plans.
Legal authority was divided on the
question Of the status of the leglsla-
tive meeting. Some contended the
legislature could summon itself into
special meeting for the purpose OF
considering impeachment only, and
that such q meeting would be legal.
Others maintained that only the
governor, or executive vested with the
powers Of the governor, could sum-
mon the legislature to meet IN spe-
cial session.
Officials Face Impeachment
It was generally expected that the
first act of the legislature would be
the voting Of impeachment charges
not against LANCER, but against state
officials who broke with him shortly
after his conviction, refused to recog-
nize him as legal head Of the state
government.
Those who might be hit by such
action, in the opinion Of political seers,
were Alfred 8. Dale, state treasurer; ;
Robert Byrne, secretary OF state,
John HUSKY, commissioner Of agricul-
ture and labor: S. A. Olsness. insur-
ance commissioner; Fay Harding,
state railroad commissioner; G. w.
Mcdonnell, state railroad commas
sioner, and Olson, himself.
Reports circulated throughout Bis
r,arck that hundreds. perhaps thou
sands, of farmers were headed Tor the
capital, determined to support Ian
ger in whatever action he may de.
mand.
Both Olson and Adjutant General
Earle r. Sarles recognized the Serl-
business of the situation by maintain
Ing national guardsmen on duty
throughout the night. Instructions
were sent to the commanders OF two
companies to stand by" In the event
OF disorders.
Wholesale Impeachments Expected
Observers professed belief that thu
legislature would vote wholesale I'M
Eeachments of state officials. possibly
Including members Of the supreme
court who voted to Dust LANCER OF
the ground he was disqualified to holt
office because Of his conviction on
charge of soliciting funds from fed
eral relief workers.
The court ordered LANCER to delive
te. Olson the office Of governor ant
ali state documents"
LANCER continued to claim he wa
the legal governor and informed leg
is!ators to disregard any orders fron
Olson.
Olson had revoked the LANCER proc
lamation for . special session Of tn
assemblies, hut it appeared his man
date would be disregarded.
So, too. it appeared the order Of ia
supreme court holding LANCER defin
itely disqualified will be disregardet
Whatever the action Of the legisla
tors, their functions we're open {
question by many legal authoritie
who questioned the right Of the mem
bers to assemble.
A~AA