I
sympathize with the stupid, stupid thing Governor William Langer (above) did
on the night of Tuesday 17 July, 1934. He was frustrated. He had
been outmaneuvered, railroaded and thoroughly screwed over by his
political opponents. The North Dakota Supreme Court had just
validated his exile and he was facing two years in prison and
disbarment. He'd spent the day commiserating with ten friends in the
governor's mansion. The dedicated temperance man might even have been
a little drunk. If he was, that would help explain why, late that night, “Wild
Bill” locked the font door of executive mansion and signed a
declaration that he was succeeding from the union, and taking 680,000
people and 71,000 square miles with him. North Dakota was now a brand
new country, where the national tree was the telephone pole, and the
national motto was “I'm not paying for that.”
“Wild
Bill” lived up to his nickname during his 1932 gubernatorial
campaign, telling voters,
“Shoot the banker, if he
comes for your farm. Treat him like a chicken thief.” It was a
popular message. That year 76,000 North Dakota farms had been sold at
bank auctions, but the repossessions were not helping the small
banks: of the 900 operating in North Dakota in 1920, by 1933, barely
a third were still open, and that number continued to drop.
Nationally, $140 billion
– $2.5 trillion in today's money - in uninsured customer deposits
had simply vanished. Almost every farmer in the cash starved state
was “upside down” on their loans The unemployment rate in North
Dakota had risen from 9.4% in 1930 to 27.3% in 1933. Wild Bill goaded
his supporters, “There can be no return to prosperity in North
Dakota that does not begin with the farmer.” But Governor Langer
was just trying to catch up to a radicalized public.
In
February a crowd of a thousand stopped a farm seizure and sale, and
in March a group pulled guns on a sheriff, burning the foreclosure
papers on another farm. In response Governor Langer called up the
National Guard – and ordered them to stop all such sales. Then, in
October, with the price of wheat hitting an all time low, Langer
closed the state's borders to all wheat exports. The embargo was
short lived, ending before the railroads and banks got a court order
over turning it. But the the price of wheat did rise a few cents, and
convinced farmers the government was on their side. The governor did
not have the legal authority to do such things, and in traditional
Republican circles Langer was denounced as a dictator. Amazingly,
neither extra-legal action had anything to do with his 1934
indictment.
Winning
the 1932 election had almost bankrupted the Republican Non Partisan
League of North Dakota. Governor Langer even had to loan his party
$21,000 out of his own pocket. And if the party was to survive a
rematch with the traditional Republican establishment in 1934, they
were going to have to raise cash. That summer Langer began
republishing the old NPL weekly newspaper “The Leader”. And he
pressured state employees to buy a year's subscription, equal to 5%
of their salary. It was a common practice in many states at the time
to require workers to donate to the party in power, but at least in
North Dakota, for every additional subscriptions a state worker
sold, an equal dollar amount would be returned. It made every state
worker a salesman for the NPL.
The
Governor's plan might have worked except for fellow NPL Republican
and U.S. Senator, Gerald P. Nye (above), aka “Gerald the Giant-Killer”.
He earned his nickname by uncovering the Tea Pot Dome scandal in the
Harding administration. He and Langer were both afflicted with the
puritanical egotism that had repeatedly splintered the NPL and
prevented it from dominating North Dakota politics. Nye began urging
the federal Justice Department to investigate his old political "frenemy", William Langer.
After
reviewing Senator Nye's allegations, newly appointed federal
prosecutor, Democrat Powless William (P.W.) Lanier (above) thought he'd found
“an offense...that is indictable.” Roosevelt's New Deal
was
funding 2,300 miles of road improvements and 60 new bridges across
North Dakota. And that made the members of the state highway
department technically federal employees, covered by federal
corruption laws. A federal Grand Jury was convened in Bismark to
hear the evidence on 8 March, 1934. They refused to return an
indictment. So P.W. convened a second jury on 10 April, but this
time, carefully selected its members. Of the 23 jurors, twenty were
city residents, in a state that was still heavily rural, and 22 had
previously made public statements opposed to the NPL. P.W. kept the
hand picked juries' indictment a secret until 16 May, the same day
Governor Langer announced his campaign for re-election. But the case
was really decided when it was assigned to the court of federal
Judge Andrew Miller.
Judge
Miller (above) was another Harding appointee, but before that, as a private
attorney, he had defended the railroads when the South Dakota
Attorney General had sued them for $2 million in back taxes. The A.G.
who won that judgment and humiliated lawyer Miller had been William
Langer. And even though Federal Prosecutor Lanier agreed to postpone
the the trial until after the Republican primary - with so few
Democrats in North Dakota, winning the primary was paramount to
winning the general election - Judge Miller refused to delay the
trial. In an arraignment that took only fourteen minutes, Miller
went a step further, ruling the defense could not mention Langer's
loan to the NPL, making it seem “The Leader” subscriptions were
pure graft. And then he required the sitting Governor, accused of a
non-violent crime, to post bail.
The
trial, which opened on Tuesday, 22 May, 1934, charged Governor
Langer (above) with two related offenses: conspiracy to extort funds from
federal employees, and blocking the orderly operation of an act
of congress. As the case was handed over to the jury, Governor Langer
could sense what was coming, and on Thursday, 12 July, he tried an
end run. Arguing that only the legislature had the power to remove a
sitting governor, “Wild Bill” called for a special session to
investigate his actions.
Tensions began to mount while Bismark filled
with Langer supporters (above) and opponents. Then, after sixty hours of
deliberation, at 12:26 in the morning of Sunday, 17 July, the jury
convicted William Langer on both counts.
Judge
Miller could not help gloating, admitting he was delighted and
pleased by the verdict. “You have earned the confidence and
respect of the whole state,” he told his jury, adding for some
reason“Your verdict...(is) the result of honest conviction without
fear or favor.” Then, bright and early Monday morning, Lieutenant
Governor Ole Olson (above), asked the state Supreme Court to answer a simple
question – since the state constitution said convicted felons lost
all rights of citizenship, was the newly convicted William Langer
still Governor? The court had to answer “No”. But they also
refused to rule on William's ability to stand for re-election
until after his sentencing.
And as his first official act, “Governor” Ole Olson rescinded the call for a special session of the legislature.
The next day, Tuesday, 18 July, “Wild Bill” Langer, easily won the
Republican primary for Governor.
About
10:30 that night, with ten friends as witnesses, “Wild Bill” (above left) declared himself and his state a new nation, conceived in bitterness
and dedicated to the proposition that William Langer was getting
screwed. Luckily somebody convinced “Wild Bill” not to tell many
people about his bold move, or he might have been removed for mental
incompetence. On Sunday, 22 July, Governor Langer assured the 94 out
of 159 members of the legislature who showed up for the special
session anyway, “I want this legislative assembly to investigate how the
federal government and officials have persecuted me with the advice
and aid of Senator. Gerald P. Nye...I am still your governor. If I
have been guilty of any corrupt conduct...I want this legislative
assembly to impeach and remove me from office.” Dutifully, his
supporters voted to begin impeachment proceedings against not only
Ole Olson, but the entire State Supreme Court too.
That
night there was a quiet meeting between a calmer William Langer and
the entire state supreme court. They managed to reason with “Wild
Bill”, who moved the sofa away from the front door of the executive
mansion, and resigned. The constitutional crises in North Dakota had
been averted. The union of states was saved, again. Of course,
William Langer still refused to leave the mansion (above) until what would have been the end of his term.
That
fall Senator Nye and the “Governor” Olsen threw their support
behind Democrat Thomas Moodie (above) for Governor...
allowing him to beat Lydia
Langer (above, right), “Wild Bill”'s wife. Then, in February of 1935, the
State Supreme Court ruled that Moodie had not met the five year
residency requirement for state office holders.
That made Lieutenant
Governor Walter Welford (above, seated) the fourth Governor of North Dakota in four
months.
It
wasn't until 7 May, 1935 that the Federal Appeals Court overturned
“Wild Bill”'s conviction and ordered a new trial. Judge Miller
refused to recuse himself, and at the new trial managed to at least
get a hung jury, 10 to 2 for conviction. Langer immediately appealed
again, and the Appeals Court again ordered a new trial, this time
ordering Judge Miller to step aside. Prosecutor Lanier responded by
charging Langer with committing perjury in his appeal filing. First
a new trial jury, under an impartial judge, found William Langer (above, left) “not guilty” of corruption. Then the judge in the perjury trial
found the supposed falsehoods were merely personal opinion, and
ordered a directed verdict of not guilty. The following year, in
1936, William Langer ran again for Governor, and won again. Senator
Nye growled, “Langer has more lives than a cat.”
While
these intense political battles were raging, the state of North Dakota was
burning up and blowing away. The dry year of 1933 (just 13 inches of rain) was
followed by the drought year of 1934 (9.4 inches). That September a
plague of locusts descended on the state . There were 4 inches of
grasshoppers on the streets of Killdeer. After the Dust Bowl Years,
North Dakota lost so many citizens, the population would not return
to 1930 levels until the year 2010. But the politicians have not
changed. Did anybody expect them to?
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