The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-06-19
DECKS CLEARED TO
DETERMINE WHO'S
LEGAL EXECUTIVE
Question Presented Is when Is
a Man convicted7' In
Felony Case
SATIRE SUPPORTS CHIEF:
Tells LANCER He b Not Vet Die.
qualified: Olson Takes
Opposite View

Decks were cleared Tuesday
for a legal fight to determine
who is the governor of North
Dakota.
On one side was o. H. Olson,
Eddy county farmer, elected
lieutenant governor in 1882.
He contends that he automa-
tically became the states chief
executive under the law when !
federal court jury convicted
William LANCER, then governor,
on a felony charge.
Backing him is a majority Of
elective state officials who
have indicated they will refuse
to recognize LANCER further as
soon as Olson formally files his
oath Of office. He had not
done 50 Tuesday morning, a.
though he had sworn to the
oath early Sunday morning
after his arrival in Bismarck.
On the other side was Will
liam LANCER, facing q possible
prison sentence or fine, or
both, as q result of his convic-
ton on q charge Of conspiracy
against the federal govern
ment. Backing him was q
swarm of his political appoin-
tees, including Attorney Cen
eral P. @. Sathre.
The preliminary slEirmish oooo15od
Monday evening when Attorney =. q.
Fuller. representing Olson. adlEod A.
torney General p. Q. 9athro 70 N.
stitute an action In The Supgume
court to try title to the olelee. Hs
declared the matter one Of peoaing
public interest and therefore ol1Dihae
for consideration By the st61o's
highest tribunal without previous n.
view by lower state court.
Sathre Aids Chise
Satire is expected to reset The ~
quest, although the state law requires
that he shall prosecute such actions
on behalf Of the state.
He had made no direct reply 70
Fuller Tuesday morning, but in IN
opinion issued to LANCER Monday he
asserted that the conviction had not
impaired Langer,s qualifications to
hold office: that II would not do 90
until sentence was passed, ana per-
haps not then il the sentence we're
such Is might be imposed for q mis-
demeanor.
This was taken as an indication
that Satire would refuse to raise in
. legal action the question presented
by Fuller.
The alternative would be for FULLER
to begin suit in the supreme court
on Olsons behalf and he Is expected
to do this - soon Is papers can Be
prepared.
The question to be presented Is
when Is . man convicted?"
The state law provides that any,
one convicted Of q felony u N
eligible to hold public office, but
sathre's opinion indicated an inten-
ton on the part Of the LANCER fac
ton to attempt an Interpretation Of
the law which would permit LANCER
to continue in office unless he is
sentenced to prison, and perhaps even
until he has exhausted his right OF
appeal and the prison gates changed
upon him. In his opinion Satire
cited some presidents to uphold his
contention Is to the time when .
conviction takes place.
Olson Takes Opposite View
Olson will contend that conviction
took place when the jury reported
LANCER and his co-couspirators
guilty as charged In the indict-
ment." His attorney Is expected TO
advance precedents to uphold this
view.
As the groundwork for this Inn
portant contest was laid, Bismarck
returned to its normal calm after IN
exciting day Monday In which United
States soldiers appeared On the Scene
to guard Federal Judge Andrew W.
Miller and District Attorney p. ".
Lanier. They returned to Fort Lin.
coin after the federal court dignitar.
les had left town. The government.
1t was revealed, was prepared 70 throw
the entire Fort Lincoln ba&talion into
the city 70 preserve order u any d..
turbance occurred.
Sentence q hanger and his co.
defendants was deferred until June
=, at which time motione 1or n0v
trials Win y argued. This vas n
linz with tho usual calotom a the
federal court n 0s1zainal nnattsrs. q
+ d