The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-09-29
JUDGE MOELLRINC
FILES DISSENTING
OPnuONON CUSTER
Maintains Removal OF LANCER
for Disability Not Sup
ported by Statutes

Moellring, In q dissenting minorit,
opinion filed Saturday, maintained
th4t custer OF Gov. william LANCER
from office on grounds Of disability
By reason Of his conviction In fedora
court Is not supported by provisions
or interpretations Of law.
In q 28-page opinion he clashed
with the majority members OF the
court on interpretations Of constitu-
tional and statutory provisions. The
majority opinion, In which the other
four judges sitting in the case con-
Cured, was filed Sept. 20.
He maintained that the majority
opinion Of the court was based upon
. wrong premise, by reason Of which
the superstructure cannot stand"
Judge Moellring claimed original
error in construction by the majority
Of Section 127 OF the constitution
defining those qualified to be voters.
He contended the term felony" in
the constitution to mean felony as
defined by the laws of this state only
and punishable under such laws"
Ignores Federal Statute
Felonies under the federal statute
do not come under provision Of the
state constitutional provision, Moell-
ring maintained.
1T is significant Also" he said,
shat we have no express statute
giving effect to a conviction and SEN
tence In another state or In another
jurisdiction; nor does Section l27 of
the constitution contain any express
provision to that effect"
Judge Moellring inferred an inva-
sion Of the rights Of the state legis-
1ature to impeach, by granting Of the
writ Of quo warranto.
ITO establish a system Of automa-
tic deposition Of q constitutional Of
ficer, such as the governor, by pow
ers wholly beyond the Jurisdiction Of
the state, and without any element
Of control by the authority of the
state, and without regard to the de-
gree Of moral turpitude involved, Is an
innovation in government contrary to
the generally accepted ideas of self
government and not in keeping with
the intention Of the men who framed
the constitution or Of the people who
adopted it," he contends.
From my knowledge OF the men
who wrote the constitution of this
state and the rugged independence Of
those pioneers, the people who adopt
ed it as the fundamental law Of this
state, do not believe that they ever
intended such construction to be CIV
en- to that instrument
Construes Consultation
He quoted Section 127 Of the con-
stitution which reads: mo person
who is under guardianship, non COM
pos mentis, or ir1sance, shall be quail
flied to vote at any election; nor any
person convicted Of treason or felony
unless restored to civil rights"
"A controversy arises over the
meaning of the word felony as con-
tanned In this section Of the consti-
tuition. Does it mean 'felonies' as de-
fined and punishable under the laws
Of North Dakota, or does it mean, In
addition thereto, such other felonies
as are defined and punishable IN
other jurisdictions, such as the juris-
dictions of the various states or Of
t4AV OAAVSO ASvaeO0s VI VI = AVAV40A
country?
1T is plain to me that this term
in the constitution means felony as
derived by the laws Of this state only.
and punishable under such laws. And
I am unable to read into this section
of our constitution that the term
felony as used therein, as q disqual-
flying act, includes felonies as de-
fined by the laws Of the United
States or Of the laws Of the various
states.
1T is a well-established rule that
in constituting the provisions OF con-
stitution, where there may be doubt
as to the meaning, In arriving at
conclusion we should gather the pur.
pose and intention Of the trainers Of
the constitution"
Construes Intention
Referring to the formation Of the
state constitution. Judge Moellring
said, If the members Of the consti-
tutional convention had intended the
conviction Of q felony as defined in
any other jurisdiction to work dis.
qualification as to an elector Of this
state, or to disqualify Q governor, !
have every reason to believe that they
were sufficiently familiar with the
English language, and the meaning
OF legal terms, to clearly express such
intention"
Ceases cited In the majority opinion
In determination Of the case do not
shed any light on the construction Of
the said section Of our constitution"
Judge Moellring continued. He main
tanned that none Of the cases cited
as authority In the majority opinion
were in existence at the time the Con-
stitution Was framed except . few
early cases Of an isolated character. !"
'On the other hand, there existed
at that time. and at all times since.
the vell-established doctrine that Z
criminal judgment procured in one
Jurisdiction Is not enforceable In Z
foreign jurisdiction"
Numerous citations Of law were