The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-07-24


or not otherwise credited In this
newspaper and also the local news Of
spontaneous origin published herein.
All rights Of republication Of Ill other
matter herein are also reserved.
What II They Did?
Answering the quite general ques-
ton Of what II the kould-be legis-
lature did get quorum in the SEN
ate?" L. L. Twichell Monday outlined
a situation which might have resulted
and which certainly might have
caused governmental complications Of
q kind new In the United States.
Had the senate obtained q quorum,
thereby giving faint tinge Of legal
ity to the so-called legislative pro-
ceedings, the house could have I'm
peached Acting Governor Olson. Sec
rotary Of state Byrne and four jus
tees Of the supreme court in a mat
ter OF five minutes, Mr.. Twichell
specialized.
Such action would throw into ques-
ton two things, one being that Of
gubernatorial succession which, in the
constitution, is not listed beyond sec-
rotary Of state: the second that Of
whether judges who had been i'm
peached by the so-called legislature
might sit In Judgment on the ques-
ton OF whether the whole business
was illegal.
Twichell's opinion Is that the four
Judges who might be impeached
would hold they were not incapacitat-
ed by the action Of an illegal legis-
lative assembly but that Justice
George s. Moellring, the LANCER ap-
pointee, might SO contend and, as
the only Judge not facing charges,
call In Judges favorable to LANCER to
decide the issue.
Such kangaroo court, he suggest
J ed. might easily determine that the
best way to solve the accompanying
tangle of gubernatorial succession
would be to grant . re-hearing In
the custer case against LANCER and
restore him to office. The inevitable
result cf such situation, he opined,
might be to cause the Intervention
Of the United States government to
uphold the processes Of law and
order.
Two things operate to substantiate
the idea that hangers supporters
might well have had such q weird
procedure In mind.
The first Is the character OF Mr..
Twichell. Whatever his enemies
may say OF him, no one charges him
with lack Of skill in estimating either
. legislative or = political situation.
For many years he has been regarded
by friend and foe alike a. the ablest
member Of the state assembly. That
fact gives weight to his observations.
The second factor Is the manner In
which the LANCER supporters have
carefully avoided = court test Of the
legality Of the so-called legislative
proceedings.
One splendid opportunity came
Saturday when Senator G. w. Fine
was taken forcibly into the legisla-
tive chambers. Before . writ Of ha-
beas corpus could be asked. Senator
Fine was freed, thereby avoiding the
issue Of whether the senate were
legally in session. II it were, there
could be NO question OF the right to
compel attendance.
Another was offered Monday when
Mr.. Twichell himself faced down
Representative w. J. ranni & n,
LANCER whip, and gigantic ser.
geant-at-arms.
Answering F1annigan's proposal to
take Twichell to the house chamber
by force. the latter said he would re-
sist physically and asked only that
he be given time to notify his lawyer.
who would institute habeas corpus
proceedings in his behalf. Thereupon
Mr.. Flanagan dropped the proposal,
resorting to pleading. As ! matter
Of fact the sergeant-arms was big
enough to have tucked Twichell UNI
der one arm. carried him to the capi-
tol bodily.
A good many persons have assum-
ed that It made little difference
whether senate quorum was mus
tered or not. The explanation offer
ed by the gentleman from Cas- puts
q somewhat different face on things.
It would seem that the senators
who had the good sense to stay
away from the session performed =
better service for the state than
some Of them knew. They are en-
titled to the thanks Of every citizen
who believes in the maintenance Of
orderly legal process, no matter what
his political views.
The Path Of Glory