Following the special recall election of 1921, the power in North Dakota government shifted away from the Nonpartisan League (NPL) and leaned toward their opposition: the Independent Voters Association (IVA). The IVA controlled the state's Industrial Commission, and their man, R. A. Nestos, was now governor.
It did not take Nestos long to turn his sights on the Board of Administration. In early February 1922, Governor Nestos demanded the resignation of George A. Totten and Joseph I. Cahill from the board on charges of misconduct and incompetency.
Initially, it was reported that Totten would not quit and would refuse the demand of Gov. Nestos. However, he ultimately complied within two weeks and submitted his resignation.
Cahill, as opposed to Totten, refused to step down. He also ignored that his replacement, Robert B. Murphy, had been appointed by the governor on March 14 and formally recognized by the board. Murphy had previously been serving as the superintendent of schools in Grafton, North Dakota.
To complicate things further, both Cahill and Murphy attended and participated in meetings.
Cahill took to the courts to keep his seat. Murphy was represented by the new IVA-endorsed Attorney General (Sveinbjorn Johnson). Interestingly, Cahill was represented by William Langer, who had returned to private practice. Langer was beginning to make amends with the NPL. Cahill was also represented by C. L. Crum.
In August 1921, District Judge James A. Coffey ruled in favor of Murphy, and Cahill was forced out.
Portrait of Gov. R. A. Nestos, 1920s
Portrait of George A. Totten, Sr., circa 1919
Portrait of Joseph I. Cahill, circa 1919
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