The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-12-13
PLAINTIFFS CLAIM
ERRORS IN LOWER
COURTS DEC|S|OI
Action Will Delay Issuance OF
Certificate of Election I'm.
til Disposition
ELIGIBILITY Is QUESTION
Say Jansonius Erred in Deny
ing Motions for Temporary
Injunction Sought

Appeal from a decision of the dis
trict court, vacating temporary re-
straining order which prevented
Governor-elect Thomas w. Noodle
from obtaining an election certificate,
was OH its way to the North Dakota
supreme court Thursday.
The appeal was filed in Burleigh
county district court Thursday, and
has been served on attorneys in the
case.
The next step will be for the clerl
Of the district court to certify the
record to the higher court Briefs
will be filed by both sides and date
set for hearing by the supreme court
The notice. served on Noodle coun-
sci and G. Lebert Crum, representing
the secretary Of state, will delay is
suance of certificate of election I'm.
til disposition Of the appeal
The appeal IS based on two claims
That the court erred in failing to
grant the plaintiff motion for tenn
porary injunction pending trial Of the
action, and that the court erred In
denying and refusing plaintiffs mo-
tons for a temporary injunction anG
in entering an order denying the
same"
BY the appeal action, the supreme
court. for the second time in less thar
six months, will take under consider
alton the eligibility Of a chief execu-
tive.
First action testing eligibility Of a
governor was that which ended in
ousting Of Gov. William LANCER be-
cause. Of his criminal conviction In
federal court for conspiracy to solicit
political contributions from relief
workers.
Stays All Former Action
disqualification Of Noodle is asked
by Attorney General p. o. Satire on
grounds the governor ELECT does not
meet the five-year residence require
ment provided in the state constitu-
ton.
The attorney generals office said
the effect Of the appeal is to stay all
proceedings in the lower court.
The actual appeal had not been
filed at the close Of the day, while
service Of the notice was incomplete
as some Of the Noodle attorneys had
returned to the eastern section Of the
state.
Francis Murphy, special assistant
attorney genera. who brought the
original action in district court, asks
the supreme court to review the en-
tire action in the lower court, which,
| would result in an even more strenu-
Gus legal battle than that which took
place In distric: court.
Judge Jansonus Tuesday night va.
Gated the restraining order enjoinint
the secretary OF state from issuing the
! certificate to Noodle.
Murphy asserted Noodle had not
been a citizen Of the state for the five
years next preceding the election, be-
cause he voted in Minneapolis in 1880.
and was therefore disqualified. Jan
sonius held that his court could not
take jurisdiction; in the case, and ruled
the proper action should be quo
warranto proceeding questioning Moo
dies right to exercise the duties Of
governor.
The quo WarrantO action question
ing by what right" a person holds Of
flee, was used originally against Lall-
ger. His eligibility was questioned
following his conviction III federal
court on charges of conspiring TO de-
fraud the United States government