The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-07-20
ONLY 10 SENATORS
RESPOND TO AGAIN
FAIL QUORUM NEED
Majority Of Upper House Recog-
nize Olson; Refuse to
Accept Call
BLAME "uNFRIENDLY PRESS"
House Meets and Adjourns AZ.
ter Flanagan Denies I'm.
parchment Reports

convene special session Of the state
legislature when only ls senator's an
swered the roll call, supporters OF
former Governor William LANCER tried
again Friday and managed to muster
only 10.
This was privately accepted by
LANCER supporters as indicating the
end of the so-called special session.
called by LANCER in q proclamation
issued July IL and cancelled by Ole
H. Olson, acting governor, in q coun-
Representation issued early We'd
nesday morning.
With q majority Of the senate &C
cepting Olson as governor the fact
that enough to comprise q quorum
had met in the house was conceded
to mean nothing because of the con-
stitutional requirement that there
must be two houses to constitute q
legislature.
Bonner Thrust Falls Short
Senator A. F.. Bonner, Jr., LANCER
floor-leader in the senate, tried UNI
successfully to introduce q resolution
to compel the attendance of absent
members but was ruled out Of order
by Senator Hamilton. president pro-
tenn, who occupied the chair.
Bonzer then harangued those in
attendance. charging that dissemina-
ton of Olson,s proclamation calling
off the session by an "unfriendly
press" was responsible for the fail.
ure of majority of senators to ap-
pear.
The house met and adjourned after
w. J. Flanagan had made q speech
condemning the daily press for re.
ports that wholesale impeachment
proceedings had been considered
against state officials unfriendly to
LANCER, along with impeachment OF
the members of the state supreme
court. He asserted this had not been
planned.
Impeachments Still Prospect
There remained prospect, des-
pite the denial. that LANCER forces
might attempt to force impeachment
proceedings, even though the senate
IS not in session. Legal advisers said
there is precedent for the house meet
ing to vote impeachment with the
senate not in session.
Under the law impeachment means
the filing of charges by the lower
house. These then are tried by the
senate. The accused officeholder is
suspended from office in the mean
time.
The precedent cited is an oklaho-
ma case in which the supreme court
of the United States held such inn
parchment legal.
Meanwhile committee Of the Farm
Holiday association called on Acting
Governor O. H. Olson and demanded
that he convene the special session
regularly. Olson previously had re-
jected overtures made by LANCER adj
herents. asking that he call the spe-
cial session upon their promise that
no impeachment proceedings would
be considered. Olson refused to do 50.
Holidayites 1t Capitol
The Holidayites marched and drove
to the capitol accompanied by brass
band. and committee Of four was
admitted to the governors office.
The committee, headed by ]. H.
Miller, Bismarck, one of the leaders
Of the federal relief workers on strike,
demanded that Olson convene the
session to clean up" the situation
that now exists in the state.
The committee apparently referred
to the chaotic condition that has re-
suited from the removal Of william
LANCER as governor by order Of the
state supreme court.
Olson, listening calmly to the de-
mands. replied that mo one realizes
more than do the situation that now
coufronts U.s."
He explained that he has been
plunged into tumultuous situation
and never believed he would find him.
self involved in so much turmoil.
Olson said that in his oath Of Of.
flee he had sworn to uphold the state
and federal constitutions and that he
Intended to carry out that oath.
Two Factors for Court Test
Olson supporters made It plain
they would welcome = court test OF
the legality Of the alleged special ses-
sion, confident that It would b held
ILLEGAL.
In the event Of Z court test, Olson
viii base their contention
upon two factors. The first & that
LANCER was not legally serving . gov
ernor when his cali for I special 49,
sion was issued and had not been
since hts sentence - prison tsfm n