The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-12-20
POSTPONE HEARING
ON APPLICATION TO
begin PROCEEDINGS
Attorney Generals Contention
Identical to That in Re.
straining Action
HOPE FOR QUICK DECISION
Murphy's Appeal on Order
Against 6yrns Scheduled
to Be Heard Friday
HOPE FOR QUICK DECISION

Hearing on IN application BY At
torney General p. o. Satire for per-
mission to begin = quo warranto
proceeding against oov.-Elect Thomas
H. Noodle was postponed Thursday
by the state supreme court.
Satire filed his action late We'd
nesday, and = decision on the appli-
cation was expected Thursday.
In the meantime, plans remained
unchanged BY tho court for Z hear
1ng On the appeal Of Francis Murphy,
special assistant attorney general.
from the order Of District Judge Fred
Jansonius in vacating . temporary
restraining order against Secretary
OF State Robert Byrne, enjoining him
from issuing = certificate Of election
10 Noodle.
Hearing on the appeal win Be held
Friday, at which time It q probable
the court also viii consider the appli.
cation Of Satire n the quo war.
Tanto proceedings.
: Satire filed his application We'd
hesday following . stipulation en-
tered into between him and attor-
neys for Noodle, under provisions o.
which the appeal In the restraining
action would Be dismissed, the quo
warranto proceedings taking IT. plAce.
Order sim h yseee
Murphy. attorney for william
LANCER, deposed governor. brought the
original action to vest Noodles quail.
ificatious in Burleigh county district
court two weeks ago. The court T.
sued . temporary restraining order
against the canvassing board. later
modified the order 70 allow the board
to canvass the vote. then vacated the
order following oue-day hearing.
In his order, Judge Jansonius granted
q stay to allow perfetcing Of m ap-
peal by Murphy to the supreme court,
which In effect allowed the restrain
ing order to remain in force until
the higher court disposed Of the ap-
peal.
In the event the court should deny
the application for quo warranto,
SATIRE also asked that the court issue
..such other original and remedial
writs Is may be necessary" In de.
termining the qualifications and right
"of Noodle to qualify aud+ accept and
discharge the duties Of the office q
governor"
Satire bases his action on the con-
teution Noodle - ineligible to serve
because he was allesedly not . red.
dent Of the state for the five years
next preceding his election. In sup
port Of his contentious, sathfe cttes
. claim Noodle voted In Minneapolis
in 1880. His contentious are virtually
identical to those put forth by Attoe-
ney Francis Murphy In his restrain
ing action against Noodle, started u
district court, now on appeal to the
supreme court. Murphy has been ap-
pointed special assistant attorney
general to bring the restraining ac.
ton.
Need Early Decisioa
In hts application Satire points out
the legislature "will convene n it
regular session" Jan. 3 and that It 4
Of general public interest and con.
cern and pertaining directly TO the
sovereignty Of the state, it, franchises
and prerogatives and the liberty Of
its people that Z chief executive duly
uualified-be In office - governor.
Confusion, delay and discord IA
public affairs Of the state win result
unless . duly qualified governor Is IN
the CHAIR" Satire commanded, par.
ticularly with reference to the duties,
deliberations and Legislative acts Of
the Legislature"
QUO warranto PROCEEDINGS insti-
tuted BY Satire are similar to those
launched against william LANCER,
deposed governor. which resulted IA
his o,asting from office six months
ago, following his conviction In fed
eral court on charges Of conspiring 10
defraud the United States govern
ment.
Some attorneys pointed out Il
would be difficult for the court 70
grant the application under m In
terpretation Of the meaning Of quo
warranto. Holding action could b
brought only against IN official a.
ready In possession Of the office,
e. AA>Ax L.