The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-07-18

John Burke, w. L. Nuessle, and 0eore
n 0ckenna, . district Judge, sittinl
specially. In place Of Justice A. II
Christianson, who disqualified him
self.
A joint action challenging vogell
right to hold office was instituted
along with the LANCER custer suit, bu,
the court did not rule on that Issue
The law under which he was named
authorizes the governor to remove
him for cause, and the courts de.
cision In the LANCER case = believed
J to furnish sufficient precedent to oaiei
him because Of his conviction.
Olson had announced previously he
would revoke the LANCER proclamation
for special session as his first act on
assuming the duties Of governor. He
said he planned to carry out this
promise, explaining he would have 1
full statement as soon as he had beeu
legally notified Of the courts decision.
Olson, . dirt farmer from New
Rockford, one Of the state officials
elected with LANCER In the Nonparti.
san League landslide two years ago.
repudiated the chief executives lead
ership. He was defeated for re-liom-
nation on the Republican ticket BY
the LANCER ticket candidate In the
recent primary election In which
LANCER and his entire slate Of candi.
dates won overwhelming victories.
LaAger Legally Disabled
In it, opinion the court held Lam
ger had been legally disabled from
continuing In office by reason q his
conviction Of Z felony In federal court
June 10.
The Justices held the meaning Of
felony under the federal court con.
viction was the same q that term
used In Section 1T Of the constitv.
ton Of North Dakota. This was one
fought point Ut the hearing,
with counsel for LANCER contendin9
that conviction Of = felony In federal
court was not within the meaning
Of the term In the state laws.
The court refuted other claims OF
counsel for LANCER when It held:
The term disability" includes lack
Of legal qualifications as we'll - lack
0f mental and physical qualifications.
Inquiry into tho question Of wfeth-
er disability Of LANCER existed under
Section u Of the constitution i not |
IN invasion Of the rights and powers
of the Legislature.
The court possesses the right to ex-
ercise original Jurisdiction, and 70 |
issue q writ Of quo warranto, even
thought 1t may not b common prac-
lice.
It Is for the court to determine t.
,elf whether the situation presented |
Is Of such character to justify exef-
else Of original Jurisdiction.
The term qualified elector" u
IDENTICAL With the term qualified
10 VOTE"
Felony Holds Under N. ID. Law
A person convicted and sentenced 70
/ penitentiary by . federal court for q |
felony has been convicted Of I felony
within the meaning Of North Dakotas |
provisions.
An appeal from the federal court
does not alter the status Of
the judgment.
The conviction disqualified LANCER
70 that he ceased to be m elector.
Disqualification - IN elector Is |
such disability rs to preclude him
from exercising powers and duties Of
his office.
The court also held that reversal
of the judgment In federal court by
} circuit court Of appeals, would re-
move the disability.
It was also explained by the JUS
Ices that Olson will not be governor
strictly speaking" but will merely
exercise the duties and powers while |
LANCER Is disqualified.