The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-07-24
PLAN court ACTION
TO REMOVE VOCEL
AS HIGHWAY Chief
Suit Expected to Test Riqht Of
Commissioner to Remain
In Office
PAPERS BEING PREPARED
Olson Prefers Legal Determine
ton to Usual Suspension
and Hearing
PAPERS BEING PREPARED

Court action to Dust +. A. vogel as
state highway commissioner on the
ground that he Is ineligible to hold
office was expected to be started
sometime Tuesday by Acting Cover
nor O. H. Olson.
Although the exact determination Of
the kind Of action depended upon
determination by Olson's attorneys OF
the legal points involved, indications
were that 1t would call on Vogel to
explain by what authority he retains
the office, known In legal circles q
. quo warranto" proceeding. This 4
the same kind Of action which result
ed In the custer Of william LANCER
from the governors office.
The law provides that Vogel may
be removed for cause. such removal
to be ordered by the governor, who
also = the Judge g to the sufficiency
Of the cause. Olson said he u well
aware Of his authority to suspend
vogel, order q hearing and thereafter
remove him, but that his legal ad-
visers felt . court action would be .
quicker and easier way.
g. Liebert Crum. an Olson support
er, = working on the matter and 1t
was expected ct the governors office
that the action would be ready for
filing Tuesday.
Meanwhile, the state apparently had
two highway commissioners. Vogel
stM - IN possession Of the office ana
Bert Salisbury. Olson's appointee. IL
80 Is assuming to net.
Conferred Monday
Vogel and Salisbury held q confer
ence in the highway department Of
fees Monday ct which Vogel said
they went over matters" but Sails
bury did not reappear Tuesday morn
ing. vogel said he hoped they would
get around to removing him In the
proper manner soon.
Pointedly he remarked that 320,-
997.T had been received by him from
the federal government Tuesday
morning to finance highway work In
North Dakota and that he also had
received on Saturday $l35,000 In
checks on the United States treasury.
Representatives Of the federal bu-
reau Of public roads, In charge Of the
highway program, had said Saturday
that no further funds would be turn
ed over to vogel by the government.
The custer action, expected to be
filed in the supreme court, will be the
second case In recent weeks in which
Vogel has indirectly been the defend
ant.
The first suit affecting his status
was that filed by Walter Stitsel, Bis
marck, Olson's first appointee Is high
way commissioner, to force Secretary
Of State Robert Byrne to accept hts
oath Of office Is highway commis-
sioner.
The suit was begun q q collateral
action to that against LANCER. stitxel
having been appointed for the pur-
pose Of bringing 1t. He resigned after
the LANCER custer case had been de-
cided and after Byrne had filed his
oath.
Case Il Held Moot
When the oath was accepted for
filing the supreme court, which still
had the case under consideration, con-
sidered the question moot" m at
tache Of the court explained Tuesday,
and further confederation Of Il was
dropped.
The new case Is expected to raise
directly the question Of vogel's legal
right to hold office without further
action on the part Of the acting gov
ernor. Should the court hold that
Voeel was not disqualified for hold
ing the Job by reason Of his convic-
tion In federal court. Olson could
suspend him and order Z hearing.
The vogel case = not exactly stint
lar to that Of LANCER, already ruled
upon BY the court, because Of the dr.
ferences In the qualifications required.
The constitutiou lays down certain
requirements which : governor must
meet, but the requirements for high
way commissioner are much less rigid.
A. . result It Is possible that different
laws may apply.
The governorship Is . constitutional
office. whereas the highway commits
Is not. This. too. makes .
difference.