The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-05-08
GOVERNOR FAILS TO
VOID INDICTMENTS
IN LEADER RACKET
Executive and Eight Others Will
Come Before Federal
Court Jury Here
ONE CHARGE THROWN OUT
Judge Holds Charge Of Oh.
structing Act Of Congress
Is Not Justified
ONE CHARGE THROWN OUT

Fargo, N. D., May 8.-(F-Goy.
William LANCER of North Dakota and
eight Of his associates will 70 on
trial in federal court at Bismarck MAY
q on one indictment containing sev-
eral charges that they solicited funds
from federal employees for political
purposes.
This was made certain Monday
when Judge Andrew Miller Of federal
court overruled demurrer filed By
defense attorneys George Thorp Of
Fargo and E. r. Sinkler Of Minot.
At the same time that he over
ruled the demurrer to the indictments
upon which the nine will stand trial.
Judge Miller sustained a demurrer to
a second conspiracy indictment charg-
ing the nine defendants with obstruct-
ing orderly operation of an act OF
congress in that they defrauded the
government by soliciting funds sent
into the state for relief purposes.
No arguments were presented In tho
case which were held invalid by judge
Miller
Almost all day was taken I'D with
arguments on the demurrer to the
indictment which was held valid.
Face Further Demurrers
Demurrers to indictments against
three Of the defendants as individuals
will be argued at the opening Of the
Bismarck term of court May %.
Judge Miller set 10 o M, May 2.
at Bismarck as the time and place for
the entering of pleas by LANCER and
the other eight defendants.
Charged in the indictment besidea
LANCER are Oscar E. Erickson, pub
Usher OF the Leader, LANCER admins
t,ation newspaper; Oscar J. Chaput,
Leader business manager: Frank A.
Vogel, state highway commissioner,
Harold Mcdonald. Leader solicitor
F.. A. Kinzer, former executive secre-
tary Of the federal emergency relief
administration: his son, j. A. Kin
ger, employee in the relief admins.
tration. and Paul J. Yeater and q. A.
Hample, employees in the highway de.
partment.
The charge upon which LANCER ant
the others will stand trial is that they
conspired to violate section 2OS OF
the United States code, which pro-
vides:
Statute b Stringent
That 1T IS unlawful for any senator
OF representative in. or delegate or
resident commissioner to congress. or
any candidate for or individual elect
ca as senator, representative, delegate
or resident commissioner or any Off
Ger or employee Of the United States
or any person receiving any salary or
compensation for services from money
derived from the treasury Of the
United States to directly or indirectly
solicit, receive or in any manner bs
concerned in soliciting or receiving
any assessment, subscription or con-
tribution for any political purposes
whatever, from any other such officer.
employee or person."
The indictment contains numerouS
specific charges of solicitation Of five
per cent Of federal employees SAL
aries for 'The Leader"
A vigorous attack upon the indict-
ment was made by Thorp, who argued
during the entire forenoon to have
the indictments quashed. His prin-
cipal contention was that Governor
LANCER and the others were not row.
eminent officials or employees and
that any funds which might have
been lost were not federal funds after
they had been turned over to the
state, but were in reality funds be-
longing to the state.
Not U. S. Money. Is Claim
It also was contended by the de-
Tense that the funds obtained for re-
lief purposes were not derived from
the treasury Of the United States but
that they came from the Reconstruct
ton Finance Corporation. which, 10
was contended, is private corpora
ton.
District Attorney p. w. Lanier, in
arguing the governments side Of the
Continued on Page Twn1