The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-07-17
Moerng Alone Votes to Hold incumbent Office and Will File
Dissenting Opinion; Four Others Say Disability In.
Cured by Reason Of Conviction
New EXECUTIVE TO ASSUME DUTIES WITHOUT DELAY
Makes No Statement Pending Survey Of Situation But May Try
to Call Off Special Session Of State Legislature
Now Scheduled for Thursday

North Dakotas court in decision handed down
The decision based on the fact that been
vcted Of felony charge in federal district the oense
him from continuing in the office.
Governor Olson who brought the action to GUST LANCER
The decision was by majority Justice George
reserved the right to file dissenting opinion
The court ruled definitely that the governor
vove upon Lieutenant O. H. Olson and
that removal order would be issued the arrival here
from Fargo Of H. G. Fuller, Olsons attorney.
csion It known however, that they had anticipated
such action and prepared the to
ton is an invasion Of ange rights as citizen and
the federal constitution.
Previously LANCER had said he would fight to retain the
office y necessary might result
of this declaration was not Immediately apparent:
ranto issued chat judgment be that the said
William LANCER disabled to exercise the and perform
and that the exercise Of the said and the
said duties Of have devoved the said Ole
governor petitioner herein until such disab
Order Is Signed by Four
the will be e
courts order said Signing the order Justices John Burke
w. L. niue Burr and S
himself from sitting in the case.
Reasons for the action Of the court and law governing the
decision outlined in 1OOword statement issued by the
concurring justices.
The court said in part:
well as lack Of mental and physical qualifications.
Under the constitution Of this state the judicial of
the state Of North Dakota vested in the court and
other courts Of this state.
An inquiry into the question whether disability of the
exists under the provisions Of Section 72 Of the
Stituon not invasion Of the rights and Of the
legislature and does not contemplate exercise of judicial func
ton to determine whether such disability exists to devove
the exercise of the and duties Of the office upon the
lieutenant governor until the disability is removed
sions Of Section 81 Of the constitution to issue the writ
OF quo warranto and to exercise original jurisdiction in
where such writ applies though it be the common
practice to refuse to exercise original jurisdiction.
ton presented Of such character justify the exercise Of
original jurisdiction"
The court held that where there difference opinion
between the and lieutenant the court could
inquire into and determine the controversy.
matter Of such grave importance juses the exercise
Of original sdiction the part Of the court the
Justices pointed out.
Citizenship the United States and being qualified cleo
tor Of the state are points Of eligibility Of governor the
son is exercising powers and duties Of governor
Appeal Does Not Change Status
The fact that appeal has been taken by LANCER
his conviction and sentence in federal court does not change
the status Of the judgment though suspend its
ton" the court decreed.
disqualification elector disability precluding the
from continuing il operation Of his duties the
held with the duties devovng upon the lieutenant governor
Reversal Of the Judgment in federal court by circuit court
will have the effect Of removing the disability under which the
court holds LANCER nov is hboring under
vii merely :.eaes tie and duties q the office while
The question Of whether LANCER is eligible to rum for Of
lice was not raised " the hearing the custer action but
elected l he remains under the sentence Is months