No CrossRef data available.
We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
Published online by Cambridge University Press: 02 September 2013
Although many of our states have exhibited unsettled political conditions in recent months, North Dakota has passed through a unique experience in having four different governors occupy the executive office in six and one-half months. Twice during this period, the supreme court of the state has been requested to determine the right of the governor to hold office, and in each instance it has elevated the lieutenant-governor to the office. The first occasion resulted from the conviction of Governor William Langer of a felony after a trial in the federal district court, and the second involved the constitutional qualifications of Governor Thomas H. Moodie, elected last November.
1 The description of the political background and of the events leading up to Governor Langer's trial are based upon the writer's observations and general knowledge of the situation as a resident of the state during the period under study.
2 A summary of the events leading up to Governor Langer's conviction in the federal court is to be found in the Fargo Forum, June 17, 1934.
3 Traill County Tribune (Mayville, N. D.), April 19, 1934Google Scholar. The others indicted were Oscar E. Erickson, publisher of The Leader; Frank A. Vogel, state highway commissioner; Oscar J. Chaput, The Leader business manager; Harold McDonald, solicitor for The Leader; R. A. Kinzer, formerly executive secretary of the Federal Emergency Relief Administration in North Dakota; P. J. Yeater and G. A. Hample, highway department employees; and Joseph Kinzer, FERA auditor.
4 Because of his illness, O. E. Erickson's trial was postponed. As yet no date has been set for his case.
5 At the conclusion of the government's case, Judge Miller had ordered a directed verdict of not guilty against three of the defendants: Yeater, Hample, and Joseph Kinzer.
6 Vogel, Chaput, and R. A. Kinzer were each sentenced to serve thirteen months in the federal penitentiary and to pay a fine of $3,000; McDonald was sentenced to serve four months in the Burleigh county jail.
7 Arguments in the appeal were heard in Kansas City on March 19. No decision had been announced at the time of this writing.
8 Grand Forks Herald, June 19, 1934.
9 Fargo Forum, June 22, 1934. prints the letter in full.
10 Ibid.
11 When the supreme court decided to hear the case, Judge A. M. Christianson disqualified himself to sit with the court, since he had been indirectly associated with Governor Langer as chairman of the state committee to handle federal relief funds. The court then called in George M. McKenna, judge of the third judicial district of North Dakota, to sit in his stead.
12 The decision of the court was four to one, Judge George Moellring, who had been appointed by Langer to fill a vacancy, dissenting from the majority.
13 Fargo Forum, July 19, 1934.
14 State ex rel. Olson v. Langer, 256 N. W. 377.
15 Ibid., p. 381.
16 Ibid., p. 384.
17 Ibid.
18 Ibid., p. 387.
19 Section 9441 et seq., C. L. 1913.
20 State ex rel. Olson v. Langer, 256 N. W. 377, 388.
21 Ibid., p. 389.
22 Ibid., p. 391.
23 Fargo Forum, June 20, 1934.
24 Grand Forks Herald, June 18, 1934.
25 The call in part states: “The legislature of the state of North Dakota has the sole power to investigate any and all charges of corruption and unlawful conduct of any department of the state government and has the sole power to make a full and complete investigation into all charges against me as governor, and against any other department or officer of the state government, and to inquire fully into the charges made against me by the federal government, the character of the evidence produced, and the manner in which said trial was conducted, with the sole power to punish me by removal from office should said legislature deem that such charges and the evidence produced warrant said removal, and also has full power to require the full coöperation of all state officers in the administration of the affairs of state.” Fargo Forum, July 13, 1934. The last clause quoted implied a threat against certain insurgent officials who had been opposing Langer for some time. Early in his administration, several officers who had been nominated and elected in 1932 as Non-partisans bolted from Langer's leadership and refused to coöperate in his plans, particularly in reference to the creation of his machine. On July 1, State Treasurer Alfred S. Dale refused to pay salary checks to Governor Langer and Highway Commissioner Vogel on the ground that their conviction of a felony had made their status as state officials uncertain.
26 Fargo Forum, July 14, 1934.
27 Ibid., July 18, 1934.
28 Grand Forks Herald, July 19, 1934.
29 Although only 22 members, three short of a quorum, answered roll call in the senate Friday and Saturday, Langer appeared before a “joint session” Saturday to deliver his “message.” The text of the Langer address is to be found in Fargo Forum, July 22, 1934.
30 Ibid., August 2, 1934.
31 Bismarck Tribune, December 3, 1934.
32 Although Mr. Moodie had resided in North Dakota a greater part of the time since his first arrival in the state in 1898, he occasionally had spent short periods pursuing his occupation as a journalist in other parts of the country. During the 20 months elapsing between the sale of his paper at Mohall, North Dakota, in August, 1929, and the purchase of a paper at Williston, North Dakota, in April, 1931, he was employed as an editorial writer on the staff of the Minneapolis Tribune.
33 Art. 3, sect. 73.
34 Bismarck Tribune, December 3, 1934.
35 Ibid., December 4, 1934.
36 Ibid., December 12, 1934.
37 Ibid., December 26, 1934.
38 Ibid., December 28, 1934.
39 Ibid., January 2, 1935.
40 Fargo Forum, January 9, 1935.
41 Ibid., January 15, 1935. Moodie at first refused to recognize the request, stating that the necessary proof was a matter of court record. On January 23, he provided the house with photostatic copies of naturalization papers and land records of his stepfather in proof of his own United States citizenship.
42 Ibid., January 18, 1935. On the last day of the legislative session, March 18, a motion was adopted unanimously by the house to expunge from the journal the impeachment resolution and all reference thereto.
43 Specific charges were not mentioned in the impeachment resolution, but were left to be formulated by the committee of five. According to newspaper reports of the proceedings, “a charge of misdemeanor in office against Moodie is based on section 9302 of the penal code and although the impeachment resolution has been carefully shielded, it is understood that the charge is figured out in this fashion: It is alleged that when Moodie [voted] in Minneapolis, if he voted legally in that state, with knowledge of such, that he took office with the knowledge that he was not qualified. That if he did not vote legally in Minneapolis and knew it was not legal voting to do so, he committed a crime against the Minnesota statutes.” Fargo Forum, January 18, 1935.
44 Ibid., January 19, 1935. Press reports indicated that former Governor Langer attempted to have impeachment proceedings started immediately against Sathre, but no definite action resulted.
45 Ibid., January 22, 1935.
46 State ex rel. Sathre v. Moodie and Welford, 258 N. W. 558 published in full in Fargo Forum, February 3, 1935.
47 Ibid.
48 Ibid.
49 Ibid.
50 Ibid.
51 Ibid.
Comments
No Comments have been published for this article.