The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-07-13
CHARGE IS HURLED
AS WARNINcQu|CK
ACTION! Is NEEDED
Fuller Declares Plan Is to Get
Appropriation for Nation.
al Guard Law
COURT MAKES NO COMMENT
LANCER Attorneys Contend He
Would Have Voting Right
in y. s. Prison

20 SET up B Qe 10CCO government oy
use Of the North Dakota national
guard, II he Is removed from office by
court order, were hurled In the state
supreme court late Friday In proceed
ings designed to determine the chief
executives status.
H. q. Fuller, attorney for Lieuten-
ent Governor Ole H. Olson who insti-
tuted the action to ouss LANCER, told
the court that decision on the case
was mandatory by Saturday morning,
charging that Langcl would be In q
position to defy the court order II one
Is handed down disqualifying him
from office later than that date.
Fuller declared that the purpose of
q special session Of the legislature,
called by LANCER to convene Thursday,
was to obtain an appropriation for
extra expenses Of the North Dakota
national guard which, the attorney
contended. the governor planned to
use to maintain himself in office II
necessary.
File Briefs BY Monday
After Fuller completed his argu-
ments, the court gave counsel In the
case until Monday noon to file addi-
tional briefs. The court did ~ an.
ment on Fuller's ch&ssvs. 1A.-py i0r
Chief Justice A. q. Dprr,s admoni-
ton to Fuller 10 oonfine himself TO
the arguments Ola the legal cissilns. y
Claims that LAnger's conviction In
federal court does not affect his right
to vote in North Dakota were i'd
vanced by his counsel.
Francis Murphy, one Of hangers
attorneys. said L.anger's conviction In
federal court is not competent proof
that he is guilty Of felony under the
state courts. Langer's attorneys con-
tend that the charge Of which the
governor was convicted in the fed
eral court Is q misden1eanor under
state laws.
Chief Justice A. q. Burr inquired
Of Murphy II he believed the governor
would be entitled to vote an absent
voters ballot II he were serving In q
federal penitentiary. Murphy express
ed the opinion. the governor would
have this right to vote. He asked for
time to file brief embracing this
legal point, but on motion Of Fuller
q decision on the request was delayed.
hangers attorneys claim the court
has no power to assume jurisdiction,
and that the question Of hangers 10
noval from office or disqualification
to serve Is q matter for the legisla-
trre to determine.
Fuller In his arguments claimed that
LANCER Is disqualified from serving In
office because Of his conviction Of .
felony in the federal district court.
LANCER has been sentenced to 10
months In prison and to pay q $4,000
fine, but has appealed to the federal
circuit court Of appeals.
Presumption ID Guilty
On the conviction, Fuller told the
court, the presumption Of guilt re-
placed the presumption Of innocence
III the case Of the government.
He also contended Frank A. vogel,
one Of the four co-defendants con-
victed with LANCER, also Is disquali-
fled from serving as . state officer.
A joint case involving VogelS right
to continue Is highway department
head is being heard ct the same time.
Fuller claimed the precedent Get In
decisions Of other courts made It clear
that LANCER was not entitled 10 con-
tinue as governor.
He pointed to section Y Of the state
constitution providing that Ia the
event Of the disability Of the Cover.
nor, the powers Of the chief executive
devolve on the lieutenant governor.