The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-12-04
RESTRAINING ORDER
. ISSUED TO PREVENT
BOARD CERTIFICATE
AlIeqe Governor.Elect Disquali.
fled by Not Having Been n.
D. Resident Five Years
MILL CITY VOTE IS SHOWN
Former Minneapolis Mayors
Affidavit Produced to Show
Registration in 1890

(By The Associated Press)
Directed against the state Canvass
ing board, an order to show cause
Why It should not be restrained per-
manently from issuing . certificate
Of election to Thomas H. Noodle,
Democratic governor-elect, was ISSUED
here late Monday by District Judge
Fred Jansonius.
A temporary restraining order also
was issued BY Judge Jansonius en-
Joining the canvassing board from is
suing q certificate Of election.
The order Is returnable Dec. IL.
Judge Jansonius said he would be un-
able to hear the case, which Will ne
cessitate appointment Of another
presiding Judge by the state SUPREME
court.
In an affidavit by Francis Muir
ply. attorney for deposed Gov. VIII
liam LANCER, and freshly appointed
special assistant attorney general,
the allegations are made that Noodle
is disqualified from holding office as
governor because he has not been q
resident Of the state for the five
years preceding the election.
Photostats Produced
Attached are photostatic copies Of
purported registration applications
for voting In Minneapolis, Mimi.
On one side Of the photostatic
copy appears the signature Thomas
II. Noodle" while on the reverse side
appears notations, June 8, $780,
voted; NOV. I, l930-voted": the
dates in June and November, 1892,
also appear with the notations. mot
voted"
The complaint is based on alleged
violation Of constitutional provisions,
which provide that to be qualified to
act as governor, an elector must have
resided continuously within the stAte
for five years preceding the date Of
election.
Defendants In the case are Robert
Byrne, secretary Of state: Berta E.
Baker, state auditor: Alfred 8. Dale,
state treasurer: p. O. Satire, attor-
ney general, and Arthur E. Thomp-
son, superintendent Of public instruc-
ton. all a. state canvassing board
members.
Named also as . defendant is Moo
die. The action Is brought In the
name Of the state and Satire as at
torney general.
The case seemed we'll OIL It's way
to the state supreme court late in the
day, as Fargo attorneys prepared to
meet the attempt at snatchillg vic
tory from the hands Of the Demo-
Gratis.
Legal Opinion Divided
Legal opinion was divided ~ to
who would become governor should
Noodles disqualif ication be upheld.
While members Of the attorney gen.
erals staff held that Walter Wei
ford. Republican ACKNOWLEDGEMENTS
elect, would automatically become
governor, other attorneys maintain
ed interpretations Of law favoring
continuance In office Of Ole H. o.
son Is acting governor for the next
two years.
Should the new legal snarl in North
Dakota's constantly tangled political
yarn reach the state supreme court
for final decision. 1t viii be the Sec
ond time In SIX months the high court
has faced the problem Of deciding
who shall govern the state.
The problem first Was placed In
the hands Of the supreme bench when
the qualification Of then Governor
william LANCER 70 continue In office
was questioned. LANCER had been
convicted Of conspiracy to defraud
the q. 8. government. His opponents
held him disqualified Is Z result. The
state supreme court upheld conten-
tions Of LANCER opponents and GUST
ed him from office. Olson, they held,
was chief executive.
Murphy Special Assistant
Murphy was appointed special g.
sistant attorney general IN . fast
moving series Of events which climax
ed with the formal filing Of charges
against Noodle.
The quickly-verified report that
Noodles election would be challenged
on grounds he was not legal candi.
date for governor, struck Noodle sup
porters like . bombshell.
While they questioned the probable
outcome Of the claims against Moo
die, . second vital question arose
would North Dakota continue under
its present state setup Of distribution
Of federal relief. which came to It
only two days ago, q would orders
from Warrington place the state back
into the class Of . federali1ed area9
The state became : federalized
area following disclosures Of solicita-
ton Of federal relief employees for
(ContinuAd an Pare Three)