The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-07-19
e. o N T / N u e II
from paSe one
Only Is Senators
Respond to Call
OF Ex-Governor

SsSskSSsASAAAAANAAS
state officials.
No Quorum In Senate
D. H. Hamilton, president protein
sitting In the presidents seat occu
pied In the last session by Lieut.. Gov
Olson. called attention there was som,
uncertainty about the converting o.
the senate because no quorum wa.
present.
G. G. Bangert, nominated for on,
o. the seats In the state supreme court
In the recent primary election Will
endorsement by the LANCER faction
told the senate 1t was his view thai
since the house Is in legal session, thu
senate could subpoenae absent mem.
bers and force them to attend.
Bangert then moved that the alb.
sent members be notified and the mo.
ton was adopted.
It was understood that LANCER fac.
tion leaders will make every effort tc
bring In the absent members, and will
provide transportation If desired.
BonzerS resolution was referred tc
committee.
To Convene on Own Cali
The resolution calls on the senate
to 60 on record as converting on its
own call. and not pursuant to Langer's
proclamation.
It directs that copy Of the resolu-
ton be served on all state officials
including justices Of the state supreme
court, ordering them to make known
whether they intend to recognize the
assemblies.
The resolution calls attention to the
state supreme courts decision busting
LANCER, and to Langer's special call to
investigate his conviction by q fed
eral court jury Of conspiracy charges.
Further 1t states that great emer-
gency exists because of uncertainty as
to the rights, powers and duties Of the
governor, and that citizens are in a
state of alarm, that the situation may
lead to conflict between citizens of
the state because Of the question Of
powers and duties of state officials.
Representative w. J. Flanagan of
jamestown introduced the concurrent
resolution In the house, explaining
that it would clear away any uncer-
tainty as to the legality Of the session.
He pointed out that under the law the
legislature could convene on Its own
initiative as q court of impeachment.
and that when once 1t is in session, it
may transact such business as It
wishes.
Aim 70 Make Iession Legal
While the legislators assembled here
on call Of LANCER, this call had been
revoked by Acting Governor Olson. BY
adopting the concurrent resolution,
the LANCER call cannot affect the
legality Of the session.
Rep. r. T.. Swendseid Of Stanley
spoke In opposition to the resolution
and the special session, pointing out
that legislation enacted at this session
cannot become effective until next
July l, the time set by the constitu-
ton, or after the regular legislative
session next winter.
To make legislative enactments ef-
fective before that time, q two-thirds
vote OF both houses is required, and
LANCER leaders concede 1t is unlikely
they would be able to muster a two
thirds margin in the senate, even
though they may do so in the house.
Flanagan responded with the state
ment that the session was called to
consider impeachment charges rather
than legislation, and urged that the
session proceed.
Question Of Payrollers Arises
Rep. Ole Ettestad Of Balfour brought
up the matter of state payrollers
serving In the legislature and said he
thought the house should decide
whether they should be permitted to
sit.
Flanagan declared it was up to the
assembly to decide the matter: that
he himself had resigned only yester-
day as maintenance engineer Of the
highway department, and the house
members applauded his statement that
he was prepared to meet any charges
that might attack his legal right to
serve.
The house also accepted resolutions
continuing as members Of the stand
ing committees Of the special session
Of the representatives who served in
the regular session, and the rules Of
the regular session also were con-
tinued.
Indications were that q crowd OF
some proportions would assemble in
Bismarck during the day as the result
Of q request by LANCER forces that
farmers from throughout the state
come here to display their might.
One report was that five or six
truckloads were coming from the
Glendale district and there were in
dications that other sections would be
represented.
House Adopts Resolution
The house adopted q resolution de-
clartng It Is In session BY its own ini-
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