The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-07-12

Olson, acting Is governor.
Burdick TO File Brief
Satire said Francis Murphy, fargo
and Bronson represented LANCER Ia
the case. Sitting with other defense
counsel, also were G. q. Bangert Of
Enderlin, state senator and himself
. candidate for place on the supreme
court at the fall election, and q. l..
+, Burdick, Republican congressional
nominee. Bangert and Burdick do
not appear as attorneys Of record IN
the case but the latter was given leave
to file q brief as friend OF the
court" bearing on 1t.
Expressing "the highest regard for
Christianson, Satire said he was will
ing to leave the decision TO the rood
conscience" Of the Judge but asked
time to confer with others in the case
before expressing an opinion. This
being granted, the defense attorneys
retired and . few minutes later re.
turned with their request that
Christianson not sit in the case.
It was during the interim that Bur-
dick asked leave to file his supple.
mental brief, entering into discus
sion with Chief Justice Burr as to
how much time he could have In its
preparation and being told that he
could file It ANY time" before the
final decision was handed down.
As the defense attorneys returned
to the courtroom, Judge Christianson
remarked that II any attorneys would
be embarrassed in making an oral de-
claration as to the propriety Of his
acting, he would be glad to receive a
statement in writing.
Bronson States Attitude
Disregarding this, and with some
obvious embarrassment, Bronson ex-
pressed the greatest personal respect
and friendliness for Judge Christian
son, referring to him as q personal
friend Of many years standing, and
said he appreciated the fairness Of
Christianson's statement and attitude.
Designating the case as one of
great public Importance and the sub
Jet matter as Of great public con-
Germ. Bronson said similar questions
had been raised when he was q MEM
Der Of the court and had always been
decided "on the very highest grounds"
These decisions, he said, had been
such as to remove any public reflec-
ton upon the court because Of inter-
est by any member in the subject
matter involved.
Asserting that all considerations
which apply from the state and fed
eral viewpoints indicate that the work
Of the relief administration must be
considered In q collateral way and
because Of the nature Of the subject
matter, It seems to US that the best
interests Of the public and the people
and consideration for the high in
tegrity Of the court, and Is an aid to
Judge Christensen himself in this
delicate situation, 1t seems to us that
he ought to sit out"
Chief Justice Burr remarked that
the final decision was, Of course, up
to Judge Christensen himself and
remarked to the defense counsel that
"of course you could have advised the
court several days ago." thereby init
mating displeasure at the delay.
Christianson Decides Quickly
Judge Christianson thereupon
whispered to Judge Burr, sitting next
to him on the bench, that he would
not sit In the case and the postpone
ment was ordered pending selection
Of district Judge to sit in the case
and his arrival in Bismarck.
In the background, both Of Christ
ianson's question as to whether he
should sit and the defense request
that he retire from the case, are hints
Of possible investigation Of the state
relief administration in the event Of
= special legislative session.
That this has been discussed has
been inferred by LANCER partisans,
the apparent idea being to discredit
the relief administration Is q part Of
the campaign to counter act the eff
feet Of hangers conviction on charges
Of wrongfully extorting money from
relief employees paid by the govern
ment.
Efforts to unseat LANCER as chief
executive began shortly after his con-
viction on charges Of defrauding the
United States government.
Lieutenant Governor Olson claimed
the governorship within few hours
after LANCER had been convicted In
the early morning hours Of June II.
The following day, demand was
made on Attorney General p. o.
Satire that he begin an action in the
state supreme court ousting LANCER
from office. Satire replied with an
opinion holding the governor to be
legally carrying out his duties and re-
fusing to bring the action.
Court Asked to Rule
Olson countered with q petition to
the supreme court asking it to de-
termine the status OF Governor Lam
ger. The court refused to take juris-
diction.
On July 2. the present action was
begun against LANCER, at that time
the court heard only preliminary
arguments and set July II as the day
it would hear both sides fully, both
- to the question Of original jurisdic-
ton and Of the merits Of claims Of
both sides.
Attorneys for LANCER maintain the
court Is invading legislative func-
tion-that the governor can be re-