State ex rel. Wehe v. Frazier
North Dakota Supreme Court
Certiorari proceedings in District Court, Burleigh County, Nuessle, 3. to review the action of the Governor in removing the relator as a commissioner of the Workmen’s Compensation Bureau. The Governor has appealed from the order and from the judgment entered.
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Certiorari proceedings in District Court, Burleigh County, Nuessle, 3. to review the action of the Governor in removing the relator as a commissioner of the Workmen’s Compensation Bureau. The Governor has appealed from the order and from the judgment entered. Upon the refusal of the respondent to be sworn at the hearing to be examined as a witness as to matters material to the inquiry at the instance of the Governor, it was legal for the Governor to render judgment as upon nil elicit, confession or default. Comp. Laws 1913, § m This court has held that § 7870, providing for the examination of…
1Dissent
Robinson, Ch. J.
(dissenting). This is a second proceeding to override and annul an order made by the Governor removing Wehe from the office of Workmen’s Compensation Commissioner. The first proceeding was a mandamus to compel the Compensation Bureau to pay Wehe a salary for one month after his removal from office. In that case the court stated fully the charges of malfeasance in office made against Wehe and held that such charges were sufficient and constituted good cause for removal. 46 N. D. 147, 180 N. W. 49. This court held on demurrer that the answer and return stated facts sufficient to…
2Cases cited7 opinions
- State ex rel. Amerland v. HaganNorth Dakota Supreme Court · 1919
- State ex rel. Shaw v. FrazierNorth Dakota Supreme Court · 1918
- State ex rel. Stearns v. OlsonNorth Dakota Supreme Court · 1919
- State ex rel. Wehe v. North Dakota Workmen's Compensation BureauNorth Dakota Supreme Court · 1920
- Streeter v. ArcherNorth Dakota Supreme Court · 1920
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