The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-12-29
REQUEST DISTRICT
court ACTION FOR
SATHRE'S CHARGES
Declare New Issues Involved Go
Beyond Agreement for Quo
Warranto Writ
NEED TIME TO PREPARE
Governor-Elect Citizen Of Unit.
cd States for 20 Years,
Response States
NEED TIME TO PREPARE
BULLETIN
(By The Aspociated pneanA

laIe To-Day the attorney gen.
erals office was contemplating
dismissal of it's challenge to
Thomas H. Noodles citizen
ship.
While no verification Of this
report was had from any Off
cial source, it was definitely
learned that dismissal Of the
citizenship issue had been q
matter of discussion in the at
torney generals office.
Attorney General p. o.
Satire had mo comment" to
offer on the report.
From those close to the legal
maneuvering, however, It was
learned that careful investiga-
ton had been made by Noodle
attorneys Of the citizenship
angle. Noodle and his attor-
neys have expressed confidence
that they would prove conclu-
sively that Governor-Elect
Noodle is q citizen Of the United
States.
Satire charged before the
supreme court this week that
Noodle, born in Canada, never
was naturalized in this coun.
try.
Fargo. n. D., Dsc. so.-tR-m 90
cordance With modification By tho
state supreme court, counsel for
Thomas II. Noodle Saturday prepared
q formal response to the allegation oe
Attorney General p. O. Satire that
the governor elect = not q citiSen %
the United States and In their re-
Spouse they asked the court to refuse
to take Jurisdiction In the disqualifis
cation PROCEEDINGS at this time aud
further asked the court TO advise
6athre that he has speedy remedy
Ut law" through the district court.
Counsel cited that introduction By
Satire Of the citisenship charge was
beyond tho agreement under which
he entered his application for writ a.
quo warranto against Noodle: that the
agreement covered only such material
Is had been developed IN the district
court and that BY reason o6 tho FORE
going facts and proceedings tho whole
character and nature Of tho matter
now before the court has been
changed without previous notice to
this respondent (Moodie) q 10 this
court and that BY reason Of such facts
this respondent now asserts that this
court cannot and ought not to exer-
else its original Jurisdiction In this
matter at this time.
WIN Require Time
g.. The issue Of the citiSenship
and the issue Of the right Of success
sion on one william LANCER involve
questions Of both law and fact the de.
termination Of which cannot and
ought not to be made by this court
in q summary proceeding but will re.
Quire time, investigation, preparation
for trial, production Of records from
without this Jurisdiction, the taking
Of dispositions and the examining Of
witnesses from points outside the jur.
isdiction Of this court.
Further, that Walter Wexford has
been made . party respondent to this
proceeding and has not appeared
herein, has not been served with
process and what assertions or claims
he may make Is not known to this
court nor to the parties herein"
Citizen Over - Years
Noodle Is and has been for more
than 10 years a citizen Of the United
States, the response asserts.
Assertions to the contrary by the
attorney general are utterly without
foundation in law or In fact. That to
meet such adverse claim Of the attor.
ney general 1t will be necessary TO Oh.
tain and file records In the custody %
public officials without the jurisdic.
ton Of this court: that It win b ne.
cessary for this respondent and hts
counsel to 60 without the jurisdiction
Of this court to obtain and produce
such records. 80.
That only two days have elapsed
since the respondent Noodle was adj
vised that his citizenship would be
challenged herein and that upon his
own knowledge and upon advise 3.
his counsel sets forth that ct least &C
days viii be required to prepare 10
trial.
In view Of the new and
undisclosed Issues injected
into this proceeding BY the attorney
general. your respondent resists the
application for the exercise Of
summary and original Jurisdiction -
this court and says that such appi.
cation or any future application O
I like character should by this court
Be denied and the attorney general
advised that he has complete. Ade.
quate and speedy remedy ct law ~
proceeding directly in the district
court Of this state.
Cite New Issues Involved
|. They cite that 9athre's petition ads
vanced two new and additional u.
sues not previously disclosed:
I. The citiSenship Of Noodle Wa