The Bismarck tribune., 1935-04-13
REVIEW OF OLSON
CUSTER ACTION Is
begun BY JUDGES
Governor Had Asked Dissolution
OF Restraining Order
Against Flanagan
CASE HEARD ON ITS MERITS
crum Asserts Executive Author
ity Not So Large a. to
Bar Court Review
CASE HEARD ON ITS MERITS

Petition Of Acting Gov. Walter Wei
ford for dismissal Of . temporary re-
straining order barring his appointee,
w. ]. Flanagan, from acting as high
way commissioner. was denied Sat-
urday by the state supreme court. @
it opened its review Of the chief ex.
ecutive's custer action against Ole
Olson Is roads head.
Charles A. verret, assistant attor.
ney general, Ut the beginning Of the
hearing requested the court to rule on
the application.
Chief Justice John Burke replied
the court was considering the case
on its merits 1t this time"
X have q special reason for askin9
the ruling at this time," Verret re.
piled.
Judge Burke conferred with his COL
leagues, then announced the courts
rejection Of the petition.
Charles L. Crum, attorney for o.
son, Immediately launched into his
argument Of his application for .
permanent injunction against Flan-
nigan and went into Q critical discus
sion Of the hearing held by Wexford
at which charges of malfeasance, mis-
feasance and neglect Of duty against
Olson were aired.
Crum declared the governors auth
ority was mot 50 large it does not
come under the jurisdiction Of this
court" and maintained Olson had 4
right to know what specific charges
were made against him."
verret and Duek0 ClnGh
Chief Justice John Burke and vsr-
ret clashed over Interpretation Of the
power Of the court 70 accept turiedic-
ton of the Olson custer BY wexford.
This court has no Jurisdiction over
whether the evidence Il sufficient or
insufficient, 50 long as the governor
has not overstepped the Statutes"
Verret claimed.
maintained the court In the past had
ruled along similar lines.
4 wrote the opinion ana I do not
understand it that way" yetorted
Judge Burke
Crum, in his argument, termed well
ford arbitrary In his removal Of
Olson, then asserted to the court that
Wexford, after the restraining order
had been issued against Ilannigan,
with that knowledge, issued IN order
to state officials not to RECOGNISE Mr..
Olson despite recognition Of Olson BY
this court"
Judge Burke shut off the elder
Crum. shortly, when the latter be-
gan the governor Is not q Dictator"
We have not come here to hear
things like that" Burke summarily
clamped down.
Sathre Present in Court
Verret opened his arguments back.
ed by his chief, Attorney General p.
Q. Satire, while the elder Crum was
aided by his son. G. Liebert Crum.
Verret admitted no official record
has been taken Of the testimony a.
the governors hearing. Attempts by
tho younger Crum to introduce 4
transcript Of the testimony vas belk-
ed by the ruling Of the court that II
would not accept the copy, unless the
attorney general stipulated 1t was an
Official copy Q! the testimony.
Satire said he had not had time
20 stuoy tne record ana nence could
aCI stlpuA.te.
verret claimed the charge that Oh
son paid salaries In excess Of the Sta
tute was proved ana was sufnctent
Is Z legal cause OF dismissal.
% IA sne ensweI: velfet claimed olson
somitteo tnat three OF 1our employees
nad been paid IN excess Of limits al
ioWeo oy Aw.
Let us say the law has been violat-
eo tne iast ~ years" vetree contanu-
g. = tnat any reason wny Olson can
ssy ne o1o nov vloiate the statuteI'
"Inen I understand you to inter
peet tnat tne nxins OF annual Also
,a,s neans the nxins 9! maximum salary
"Yes. SIR" verrst replied.
Holds Equity Net Inveaved
mo matter how harsh the decision
may Be, no matter how unjust q m
equitable II might appear. 4 the SOW
ernor violates no Statute IN oustine
ss:.s 8: ses1:ss:s g s;:ss::: 2: - ;s: w.: s.