The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-07-02

argument as TO whether North Da.
kota's supreme court should take orig
inal jurisdiction in the effort to un-
seat William LANCER from the cover.
nor's office began before the five
justices Of that body Monday after
noon.
The suit is being brought by Lieu
tenant Governor o. H. Olsh on the
ground that a man convicted OF
felony is automatically disqualified
from holding public office.
Directing to the petition was AT.
torney General P. o. Satire, who
contended that the court could not
take cognizance of the subject mat
ter of the petition.
H. G. Fuller, Fargo, is representing
Olson.
Olson recently took the oath Of Of
flee as governor but his first custer
action was not considered on the
ground that the case against the gov
ernor was not complete at that time.
since no sentence had been passed
following his conviction in federal
court.
II the supreme court takes jurisdic-
ton, two orders could be issued by it.
one, an alternative writ Of quo war
ranto. questioning by what right"
LANCER continued to hold office. would
have no affect on the governors
status would continue exercising
the duties Of governor until final dis
position OF the hearing; the other, an
injunction proceeding. would enioin
the governor from performing execu-
tive duties pending final judgment Of
the court.
Court Allows Appeal
Counsel for LANCER and his co.
defendants in the federal court trial.
under sentence of Judge Andrew
Miller for their crimes against the
United States, Saturday obtained an
order from the court at aFrgo allow
ing an appeal to the circuit court OF
appeals.
A citation was served on the gov
eminent attorneys, notifying them Of
appeal. and bonds for the defendants
were approved by Assistant District
Attorney Donald NJ. Murtha.
The bonds, as fixed by the court
Friday following sentence Of the de-
PENDANTS, are combination bail and
supersedeas bonds guaranteeing all
costs In connection with appeal and
guaranteeing the amounts Of the fines
assessed against the five men whom
the jury found guilty Of conspiracy to
obstruct the orderly operation of an
act Of congress.
Patterson Signs Bonds
Among the bondsmen, it is under
stood. are q. DelD Patterson, warden
OF the state penitentiary, and Frank
LANCER, Casselton, the governors
father. Each bondsman swore to q
statement he had assets at least dou-
BILE the amount Of the bonds.
Langer's bond is for $4,000, the
amount Of his fine. Bonds Of Hieh.
way Commissioner Frank A. Vogel,
r. A. Kinzer and Oscar j. Chaput are
for 5000 each, and Harold McDon-
AIDS bond is $1,000. Vogel, Kinzer
and Chaput were fined 5000 each.
and Mcdonald was given no fine at
all, being sentenced only to four
months in the Burleigh county Jail.
The governors prison term is fixed
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Donald, at - months each.
Until disposition Of their case.
therefore, by the circuit court Of ap-
peals, the defendants are free Is they
were during the trial and since the
verdict Of the Jury. Their previous
bonds were $500 each.
Actisn Likaly IN Fail
Exact information - to when the
case will come before the appellate
court was not available here. e may
Be some time this fall-probahly n
November-and the case may come
before It In st. Paul, st. Louis, Oma-
In or Kansas City.
Meantime. the record of the federal
district court trial q Bismarck must
be prepared Tor tn circuit court re-
view. Together with the briefs of IT,
torneys, tho document Vim = printed
and bound for tho convenienca 81 ~
circuit bench, ~ - tfsslf requlxlne
some little time. 'Is
sons idea o. tho lsngth q ~ 49,
ord = available a tn haaie 6 =
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