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The People's Voice
Helena, Lewis And Clark County, Montana
What is this article about?
Indiana's Industrial Accident Board, via a 1937 legislative amendment, gained authority to hire its own attorneys independently of the attorney general. Chairman Burke Clements employed Niewoehner, who faced a contempt fine for campaign activities supporting Republicans.
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Unrestricted latitude to hire any number of attorneys which it might find useful for legal advice or otherwise, is given the Industrial Accident Board by an amendment to Section 2835 of the revised codes of 1935 passed by the legislative assembly in 1937. Previous to that time, the attorney general of the state had been the only source of legal advice for that board as he is for all other boards.
Under this amendment the Industrial Accident Board, if it finds it advantageous can employ attorneys without consultation with the attorney general. The manner in which this works, is indicated quite clearly by activities during the last political campaign of one of such attorneys employed by the board or its chairman, Burke Clements. This attorney, Niewoehner, recently was held in contempt and fined by the state supreme court for some of his activities during the campaign; no doubt all of such activities having been directed by Burke Clements, formerly considered one of the political master-minds of the democratic party who proved himself a political renegade to his supposed political faith and affiliations in the campaign by supporting the candidate for governor of the republican party and repaid by being reappointed by the governor to the position of chairman of the Industrial Accident Board.
The law governing procurement of legal assistance by the Industrial Accident Board is as follows:
"Section 2835: The attorney general shall be the legal adviser of the board and shall represent it in all proceedings whenever so requested by the board or any member thereof. (Amendment in 1937 session of the legislature)
And it is further provided that the board may, in its investigation and defense of cases under plan three of the workmen's compensation act, employ such other attorney or legal adviser, as it deems necessary, and PAY FOR THE SAME OUT OF THE INDUSTRIAL ACCIDENT FUND." (Emphasis ours)
Presumably Niewoehner was paid out of the industrial accident funds while carrying on his political activities in the past campaign. It seems that this should merit the attention of the legislators.
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Where did it happen?
Domestic News Details
Primary Location
Indiana
Event Date
1937
Key Persons
Outcome
niewoehner recently was held in contempt and fined by the state supreme court for some of his activities during the campaign
Event Details
Unrestricted latitude to hire any number of attorneys which it might find useful for legal advice or otherwise, is given the Industrial Accident Board by an amendment to Section 2835 of the revised codes of 1935 passed by the legislative assembly in 1937. Previous to that time, the attorney general of the state had been the only source of legal advice for that board as he is for all other boards. Under this amendment the Industrial Accident Board, if it finds it advantageous can employ attorneys without consultation with the attorney general. The manner in which this works, is indicated quite clearly by activities during the last political campaign of one of such attorneys employed by the board or its chairman, Burke Clements. This attorney, Niewoehner, recently was held in contempt and fined by the state supreme court for some of his activities during the campaign; no doubt all of such activities having been directed by Burke Clements, formerly considered one of the political master-minds of the democratic party who proved himself a political renegade to his supposed political faith and affiliations in the campaign by supporting the candidate for governor of the republican party and repaid by being reappointed by the governor to the position of chairman of the Industrial Accident Board. The law governing procurement of legal assistance by the Industrial Accident Board is as follows: "Section 2835: The attorney general shall be the legal adviser of the board and shall represent it in all proceedings whenever so requested by the board or any member thereof. (Amendment in 1937 session of the legislature) And it is further provided that the board may, in its investigation and defense of cases under plan three of the workmen's compensation act, employ such other attorney or legal adviser, as it deems necessary, and PAY FOR THE SAME OUT OF THE INDUSTRIAL ACCIDENT FUND." (Emphasis ours) Presumably Niewoehner was paid out of the industrial accident funds while carrying on his political activities in the past campaign. It seems that this should merit the attention of the legislators.