The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-07-03
COMPLETE HEARING
ON LEGAL ANGLES
SET FOR JULY IL
voge|'s Right to Hold Office At.
tackled by Naming Of
Walter StitzeI
OLSON MAKES APPOINTMENT
Acts Under Authority as Lieu
tenant Governor and Ian.
gers Disability

Inc appointment" OF q new high
way commissioner. challenging the
right Of Frank Vogel, incumbent
roads head, to continue in office,
tangled anew the political yarn OF
North Dakota Tuesday as the third
custer attack against William LANCER
was launched in the STATE supreme
court.
Shortly before the court convened
Monday and in surprise move back.
ing a demand for q writ Of mandamus,
Lieutenant Governor Ole Olson, claim
ant to the governors chair, announced
appointment by him Of Walter e.
Stitzel, Bismarck, as highway COM
missioner.
LANCER ordered a guard reinstated
at the door of his executive offices
at the capitol, as the new attack was
begun against him. The guard had
been removed over the weekend.
After several hours Of listening to
arguments, the full bench Of five
supreme court judges ordered the
hearing on the petition continued until
July II at 10 a. m, when both the
merits of the actions and the ques-
ton Of jurisdiction will be argued at
length.
The days developments were:
Appointment by Olson Of Stitzel as
highway commissioner to act temp
orarily-"so that employment and
road work will not be delayed"
Claims by Olson and his supporters
that vacancy exists in the office
Of both highway commissioner and
governor.
Ask Writ Of Mandsinus ...,---.-.
Demands for writ Of mandamus
against Robert Byrne, secretary OF
state. directing him to accept for ill
ing the oath of office taken by Stitzel.
Deferring until July II Of further
arguments before the supreme court.
Claims to the court that road work
within the state is now imperilled"
and that prompt action to determine
who is road commissioner IS neces-
Sary.
Howard S. Fuller, attorney for o.
son. presented two petitions to the
court; one. the mandamus action
against Byrne, the other an action
requesting the court to take jurisdic-
ton and issue quo warranto-"by
what right proceedings against
LANCER.
In statement announcing appoint
ment OF Stitzel, Olson said: Il have
made the appointment on the ad-
vice OF Mr.. Fuller, who considers that
the legal entanglements in the high
way department which have grown
out Of the vacancy in hig, way COM
missioner make it imperative that
someone be at once authorized to
execute construction contracts now
pending for more than $4,000 so
that employment an road work wiz
not be delayed longer than the time
the court needs to decide these legal
matters"
Stitzel, in accepting the appoint
ment explained: Il am accepting ap-
pointing as an accommodation to nv
friend Gov. Olson to act only temp
orarily until he can find an appointee
satisfactory to him. My own affairs
and interests would prevent me from
acting for more than q short time"
Uses New Stationery
In making the formal appointment,
Olson used stationery upon which ap-
peared the title executive offices Of
Ole H. Olson, lieutenant governor of
the State Of North Dakota. exercising
The powers and duties OF governor. .
His appointment announced know
All Men by These Presents, that w.
E. Stitzel Of Bismarck, N. D., is here
by appointed and commissioned state
highway commissioner Of the State Of
North Dakota to I'll. the vacancy Ia
said office created by conviction Of
Frank vogel. incumbent, for felony
and for crime against the laws Of the
United States involving moral turpi-
tude; this appointment being made
and commission issued by the under
signed Lieutenant Governor Of the
State Of North Dakota, as the person
and officer upon whom the powers
and duties Of governor have devolved
by reason Of the vacancy created IN
the office Of governor Of said state
upon conviction Of william LANCER. In
cumbent in said office Of governor.
for felony and crime against the laws
Of the United States involving moral
turpitude."
fContinrAfs an Para ~