The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-09-20
HIGH court FILES
MAJORITY OPINIONS
ON LANCER CUSTER
Judge MoeIIring Delays Minor.
ity Report; Expected Be-
fore End of Week

Majority opinions in the actions
which led to removal Of William Lam
ger as governor and Frank A. Vogel
as state highway commissioner were
filed in the North Dakota supreme
court Thursday.
A minority opinion by Judge George
H. Moellring, who voted against dis
qualifying the two state officials be-
cause of their conviction OF a felony,
is expected to be filed before the end
Of this week.
The majority opinion - signed by
Justices A. G. Burr, w. l.. Nuessle,
and John Burke and District Judge
George NJ. McKenna- has been ready
for more than month. but was held
up to await Judge Moellrings minority
opinion, Justice Burke said.
The court announced its decision
that LANCER was disqualified from
holding office July II, resulting IN po-
;itical turmoil when the ousted COVER
nor refused to give up the office. At
the time. the court announced It's
opinion setting forth the grounds ana
legal reasoning on which its decision
WAS based would be filed at . later
date.
candidates on the LANCER faction
t;cket have on several occasions dur
inc the present campaign leveled Sc
we're criticism at the majority group
If the court for delaying the opinion.
Justice Moellring. appointed to the
court by LANCER when Justice L. =.
Rirdzell resigned to 60 to washington
viii file minority opinions in both the
7 anger and vogel cases. He said va
rio,,s court duties have delayed MN
and that he desired to study the ma
a aor;tv on,nion before filing his minor
ity views. :: ~. LANCER
The majority opinion in me Lansei
case was written by Judge Burke
~ district Court Judge McKenna SAL
i, tha two custer cases in place OF
Justice A. M. Christianson, VINO ols.
qualified himself voluntarily Decause
a ~ bic connection with the federal re,
Va, y. .', set.un which figured in the trial
rs Nc ,anoer and vogel on charges OF
conspiracy r. to solicit polltlcal con'l-
m,tions from federal relief WORKERS Is
Ou Tha two deposed officials ana tn IS :
l ~ ~" have appealed to the
o o;rcn;t court Of appeals. LANCER y
,,d sentence OF IS months IN a leu '.,,
a ar.Is, nenitentiary. and the others un-
d d.~' sentence Of lesser terms. .,
ae rhe majority opinion, covering go %
tvne ", pages. sustalns tne ae. n,a
syp ps,~ht hy Lieutenant Governor o!e
o. p1aon : against LANCER for q writ n
~ -: mo warranto requiring the &C. con nnst
~ chief executive TO snow 10y. ny WV r,,r.
s 81 t he continues to exercise 1ne ~"
llsAs - Governor Of the state. !.
cts s,, =, i took original jurlsdic.lon nr -
~ "n case and granted olson Inc ov w,,s
:; iI1 outlined in the opinion .;+a Su - s,,s.
IS ou'n If other courts are clteo 70 suo
tain tau,' the h majority decision
Cites similar Cases
=, discussing the question Of '! juri s.
,, ~ the court says tne e. a y "on.
dlcllon' NOT l the first in which a a,e con-
case IS '' has ar, arisen between two claim ~
ants seeking to exercise .tI has ex-
a an,,srnor. A similar s1lua; !. aoch case
s3sd in several states and N b sssa SOW esS
ed BY the courts. !. mas jurisdiction to
Da A'e on whether the e e1d9e nj COVER
nor devol.e. ,,r - enters into a lengthy