The Bismarck tribune., 1935-04-12
Court POstp0nes
Olson Case Action
Delay Of One Day Is Caused by
Attorney Generals Alb.
sence From City
FLANAGAN FILES APPEAL
Contends No Force Used in Get.
ting Keys to Highway OF.
flee From Incumbent

Because Of the absence Of Attorney
General p. o. Satl1re, the state su-
preme court Friday postponed until
10 q. m. Saturday its hearing In re.
view Of Acting Governor Walter wei
ford's custer action against highway
commissioner Ole H. Olson.
Sathre Is at Grand Forks, where
he planned to attend Z meeting ot
the state industrial commission.
The court also will determine Sat-
urday whether . temporary restrain
ing order against w. J. Flanagan
Wexford roads chief appointee, which,
bars him from acting, shall be made
permanent.
Judge A. M. Christianson Thursday
disqualified himself from sitting II
the case because Of direct interest IL
1t. Olson was charged with makins
. feed survey through highway em.
ployees. Olson testified he made thu
survey ct the request OF Christian.
son. who also is president Of the rura
rehabilitation corporation Of thu
state.
District Judge D. B. Holt Of Gas.
county will sit in his place.
Second in Eight Months
The hearing will mark the secone
time In eight months that the ques.
ton Of the right Of the chief execu.
tive to remove . highway conmis.
Sloner has come before the court 10,
decision.
Last August the supreme court wa.
called on to determine the power o,
Olson. then acting governor, to re.
move Frank A. Vogel from his posi-.
ton as highway commissioner. voge
had been convicted In federal cour
Of conspiracy to defraud the Unitet
States government In connection Will
alleged solicitation Of federal relic
employees for political contributions
The court upheld Olson. Vogel we,,
out.
Wexford, last Monday, ordered Ol.
son removed from office on charge.
OF neglect Of duty, malfeasance ane
misfeasance. Flanagan immedtatel,
took charge, only to be barred from
continuing to exercise the duties q,
roads chief the following day by re.
straining order issued by the suprem.
court.
Olson holds his removal to be volt
on the grounds that he was not gives
. proper hearing and that the re-
moval proceedings were illegal becaus,
Of the fact that Wexford was absen
from the state 1t the time the charge,
were served upon him.
Claims Threat OF Force
The former acting governor alsa
attacks the constitutionality Of tn,
law under which the removal pro
ceedings were brought and claims h,
was forced to give up the office t:
Flanagan by threats Of superior
physical force"
Flanagan, in an. affidavit to th,
court. denied any physical force va.
resorted to and maintains Olson gav'
up the office voluntarily. ranni
gan claims he has the right to act q.
highway commissioner by virtue Of hi,
appointment by Wexford.
Wexford asserts the court has acte<
beyond its jurisdiction, claiming 4
cannot question the removal powers
Of the governor.
He maintains . fair hearing va.
given Olson under the North DalIot:
law and that the court canno. de,
termine title to IN office by injunc
ton PROCEEDINGS.
Since the removal order a9a!ns
Olson, his reinstatement, and tn,
barring Of Flannigan, Wexford ha'
directed state officials that Olson ha
no power to bind or obligate th'
state In any manner whatsoever"