The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-07-17
POLITICAL TANCLE
COMPLICATED UNTIL
DECISION is GIVEN
Special Session Will Convene
Thursday Unless LANCER
Is Removed
ZINE FACTOR IMPORTANT
Jurists' Delay May See lsgisla-
tive Assembly Assume
Authority


Time became an important factor
Tuesday in North Dakota's tangled
political situation as opposing fac
tions waited anxiously for an expres-
sion from the state supreme court,
which Is considering custer proceed
ings brought against william LANCER.
Bismarck, full Of speculation as to
the courts decision and its possible
effect on the special session Of the
legislature called by LANCER to con-
vene Thursday, was particularly on
edge.
General belief Is that the court viii
hand down its decision before the
special session convenes. but this, too,
IS mere speculation In the absence
Of any indication from the court.
As the five justices Of the court
completed their work without any
decision. the time factor became In
creasingly important.
Case TO Set Precedent
Never before In state history has
q North Dakota court been faced by
such grave responsibility q now
confronts the five justices. Lawyers
said the case, In which Lieut.. Gov.
Ole H. Olson claims LANCER forfeited
his right to serve g governor by his
conviction Of q felony In the federal
courts, Is without precedent.
Never has the question Of . gov
errors removal through court order
come before q judicial body, lawyers
here said. The decision Of the North
Dakota court Is therefore expected to
set precedent.
Cases cited by attorneys In the case
revolve around removal actions
brought against officials, but none
directly involve q governor. Also cited
are authorities on the status Of at
torneys and electors who have been
convicted OF crimes. The right Of q
man to vote or to be candidate for
office after conviction. and while his
appeal Is pending, has been involved
in the discussions Of opposing attor-
neys.
Speculation was rife on the pos
sible effect Of q decision before the
special session convenes. Lieutenant
Governor Ole H. Olson. plaintiff In
the custer PROCEEDINGS by which he
seeks to take over the governorship.
Is on record to the effect that he viii
revoke the special session proclama-
ton II he Is declared governor. On
the other hand. LANCER partisans have
indicated they believe the legislators
can convene for impeachment pur-
poses without . call from the COVER
nor.
Solons Would Act Quickly
Should the court delay its decision
until after the legislature is conven-
ed, observers saw q possibility Of fur
ther complications in that the Assem-.
blies would be in q position to take
action that may supercede the author
ity Of the court.
Attorney General p. O. Satire. who
submitted final briefs to the court
Monday morning In hangers behalf,
discussed the effect Of possible legis-
lative action should the court hold
LANCER Is qualified to hold office.
Satire queried whether under such
q ruling Of the court. the Legislature
would have authority to remove the
governor by impeachment, assuming
it had grounds for such action. He
replied to his own question that he
took the view the legislature had that
authority indicating that in such .
situation he considered the legislative
authority would supercede that Of the
courts.
In his special call. LANCER asked
that the assemblies investigate his
conviction by . federal grand jury
Of defrauding the United States gov
eminent. Olson claims the conviction
has disqualified LANCER from holding
office.
Little was apparent On the surface
to indicate what program the legisla-
ture will follow. aside from that out
lined by LANCER in his proclamation
which besides inviting IN investiga-
ton Of his conviction, points to the
need for consideration Of utility tar
and poor relief legislation.
LANCER forces are confident Of con-
troll Of both assemblies.
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