The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-08-20
SATIRE CONTENDS
DEPOSED GOVERNOR
MAY KEEP MANSION
Holds LANCER Still State Execu.
tive But Under Temporary
Disability"

Disability"
Attorney General p. o. Satire Mon
day ruled ousted Governor william
LANCER is entitled to occupy the state
owned executive mansion because '.he
IS still governor of the state but is
under temporary disability by reason
Of his conviction In federal court"
SathreS ruling was given to the
state board Of administration which
sought the opinion after Acting Gov
ernor Ole H. Olson made demands for
the mansion.
It was indicated here that court &C.
ton may be brought by Olson to obtain
possession Of the home provided by
the state for its chief executive. The
board Of administration is custodian
Of the mansion.
Satire said that while the duties OF
governor devolve upon the lieutenant
governor during Langer,s temporary
disability" it does not seem reason
able that the acting governor should
be entitled to the mansion. He held
there was nothing in the statute to
show that the lieutenant governor is
entitled to the home in the event he
assumes the duties Of governor at a
time when the chief executive Is dis
abled.
LANCER was ousted from office by
order of the state supreme court on
the ground that his conviction Of con-
spiracy to defraud the United States
government disqualifies him from
holding office.
The court held that If Langer's dis
ability Is lifted by action Of the high
err federal courts LANCER would be en-
titled to resume office. His convic-
ton by federal district court Jury
has been appealed to the circuit court
of appeals.
LANCER Would Fight
LANCER has occupied the governors
mansion since he was removed from
office. declaring he will fight ito the
last ditch" if efforts are made to Gust
him. He also has retained possession
of summer home, owned by the state,
at spiritwood Lake.
Olson said he was prompted to ask
for the executive mansion because the
garage attached to the home is be-
ing used by LANCER for maintenance
Of circulation files and records for the
Leader" LANCER administration news
paper.
The acting governor declared he Is
opposed to use Of state property for
propaganda purposes for any political
faction whatsoever"
The opinion, addressed to Nelson
Sauvain, chairman Of the board OF
administration, outlined 1.-The present
status Of Gov. LANCER"
He is still the governor Of the
state, but is under temporary disabil-
ity by reason Of his conviction In fed
eral court" Satire held.
There is no difference between
such disability and disability which
might be created by reason OF tenn
porary absence from the state or, for
instance, physical disability and con-
finement to hospital to such an ex-
tent and for such q time as would
render him unable to perform the
duties of the office.
1T does not seem reasonable that
the lieutenant governor, acting as gov
ernor during such disability, would
have the right Of possession and oc-
cupancy Of the governors mansion.
Section u of the constitution pro-
vides that in case of the death, i'm
parchment. resignation. failure. to
qualify, absence from the state, re-
moval from office, or the disability
of the governor, the powers and duties
of the office for the residue of the
term or until he shall be acquitted or
the disability removed, shall devolye
upon the lieutenant governor.
Interprets Section ll9
The use Of the executive mansion by
the lieutenant governor Is not one Of
the incidents to the powers and duties
to be exercised by the lieutenant gov
ernor. Section l19 Of the compiled
laws provides the following:
1.-The lieutenant governor shall re-
ceive an annual salary Of $1,000, and
when he acts as governor he is en-
titled to receive during the time he
so acts the compensation which the
governor. If acting. would be entitled
to receive for such time: but during
such time he is not entitled. as lieu
tenant governor. to any other COM
pensation.'
There are several contingencies in
connection with the present disability
Of Governor LANCER. the happening Of
any one Of which before the expira-
ton Of his term would automatically
restore him to his status as governor.
The use Of the mansion Is privilege
extended to the governor, and I do
not believe that 1t was the intention
Of the legislature that the lieutenant
governor, while performing the execu-
tive duties during temporary disable
ity Of the governor. should have the
right to the use and occupancy Of the
executive mansion.
1T Is my opinion. therefore, that
the lieutenant governor, acting as
governor during the temporary dis
ability. is not entitled to the use and
occupancy Of the executive mansion"
Local Man Charged
With Attacking Girl
Y@y>.o Hroero%l - ns.~a~~>S. >..>s%>S