The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-07-14
SESSION CONVEYING
DEPENDS ON RESULT
OF CUSTER ACTION
Air Of Uncertainty Prevails
Pending Final Disposition
BY Court
OLSON WOULD REVOKE CALL
Fuller Asserts De Facto' Cove
eminent Is Purpose Of
LANCER Plan

IN the decision of the state SUI
preme court in custer proceedings
against pending against william
LANCER hangs the question Of whether
the special session of the North Da.
kota legislature will be convened,
An air OF uncertainty prevailed in
bismarck as the court had under ad.
Vsement the action brought by Lieu
tenant Governor Ole H. Olson to Gust
LANCER.
Olson. through his counsel, an
nounced in the hearing before the
court Friday he will revoke the spe-
clal session proclamation If the court
finds in his favor before the assem-
blies convene next Thursday.
In the meantime, the new capitol
building was active with preparations
for the special session. Improyised
desks were being installed in the UNI
finished assemblies along with fold
Ing chairs from the highway depart
ment.
The court has given attorneys in
the case until Monday noon to submit
additional briefs, giving rise to spe-
culation that q decision of the court
on whether LANCER is qualified to
serve as governor will not come, at
the soonest, until almost the hour OF
the meeting Of the legislative assem-
blies.
De Facto' Setup Is Aim
Oral arguments were completed be-
fore the court late Friday, ending
with the sensational charge by H. g.
Fuller, attorney for Olson, that LANCER
plans to set up q de facto'' state
government by force, through the use
OF the North Dakota national guard,
II the court disqualifies him from
holding office.
Fuller's request that the court hand
down its decision by Saturday morn
ing to give Olson sufficient time to
revoke the special session proclama-
ton was ignored by the court.
After Fuller had completed his
argument. the court allowed the add
tional time for filing briefs, thereby
indicating it was willing to wait un-
til Monday to complete the case, and
then go into its elaboration.
In rapid speech. striking through
attempted Interruptions by the court.
Fuller cast his claims like bombshell
into what had been q quiet hearing
OF legal argument. His assertions
were made few moments after Fran
CTS Murphy, Fargo, counsel for Lang
er had rested his arguments. follow
ing a request for permission to file
briefs giving his contentious Of law
in more detail.
Fuller arose and asked II should
like to respectfully request that your
honor withhold decision on counsel's
request for additional time to submit
Briefs The court acceded. Murphy
had asked for no particular amount
Of time.
With completion of arguments on
behalf of LANCER by ]. A. Heder, as
sistant attorney general Fuller ex-
planned to the court:
"On behalf Of the plaintiffs in this
acknowledgements Governor Olson
and w. E. Stitzel-we waive argu-
ments and ask that the case be sub
mitted-that the book be closed. It
ought to be closed, for reasons which
I will discuss.
Facts Outside the Law
Il respectfully beg the courts in
diligence, while I explain some facts
outside the law which have q bearing
on this case.
Despite political intrigue, I have
carried all the expenses Of this litiga-
ton, as service to the tens Of thous-
ands whom we represent in this &C.
ton.
Il now ask the court to enter judg-
ment in this case by 10 .. M, Saturday.
and respectfully ask the court to noti-
~ me before p. m, today II It will
have q decision"
Chief Justice A. G. Burr broke in
with the statement, I'VE can notify
you right now"
Fuller hurried on: III judgment Is
found for the petitioner In this case,
and Lieutenant Governor Olson as
sun1ed the duties devolving upon him,
it IS his desire to revoke and annul
the recent proclamation issued by the
respondent In this case for J. special
session Of the legislature.
ut viii be impossible for that reyo-
cation to 60 out after tomorrow. Il
will Be impossible for the two hundred
or more to receive Il Ia time. II the
proclamation goes out, the petitioner
wants It to 60 out right.
(Conf3nllAd On paRA ~