The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-12-31
SATIRE DISCOVERS
ALLEGATION PROOF
ENTIRELY LACKING
Nom Citizenship Attack to Be
Withdrawn When Court
C0nvenes IN Afternoon
RESIDENCE ONLY QUESTION
Jurists Still to Dete T mine
Whether to Take Quo War.
ranto Jurisdiction
BULLETIN
(By The Associated Prees)

At 3 r. m. today the state supreme
court still was In conference over its
decision whether to assume jurisdic-
ton prior to Inauguration In the test
Of Thomas H. Noodles right to sit IS
governor.
It generally wa. expected the court
would announce decision before the
day ended.
Attorney General p. o. Satire late
Monday notified the state supreme
court informally Of his intention ia
file withdrawal OF charges Of nom
citizenship against Thomas H. Noodle.
Democratic governor-elect.
The formal withdrawal papers were
being drawn late Monday in the at
torney generals office, while member
Of the supreme court conferred over
the next move.
The court u scheduled to rule Mon,
day whether 1t will take Jurisdiction
over the case, hearing and deeeem1n-
ing the issues prior 70 January Z,
inaugural date.
Sather,s announcement came afteQ
. series Of conferences With de3ensl
counsel. At Bismarck, tho attorney
generals office said Satire had In
structed aides to present tho with
drawal to the court Monday.
One Claim Remains
With withdrawal Of the claim q
non citizenship, but ono tissue viii re-
main to be heard BY the oourt-thst
Of residence Of Noodle. tho original
contention upon which the first ctal-
lenge was made Of the goveInog.
elects eligibility.
Satire had contended that Noodle,
born In Canada. had never been nat
uralized, and was q subject Of Great
Britain at the time Of his election.
At the attorney generals office. q
spokesman said. I'VE were satisfied
when the original claims Of non-citi-
zenship were flied that sufficient evi-
dence existed at that time to support
tho claim. Since that time, other
evidence has been adduced which
satisfies US at this time that Noodle
Is citizen"
Still to be determined by the court
Is the question Of whether 1t will as
sumo jurisdiction on the question OF
residence. Satire contends in his ap-
plication for writ Of quo warranto
that Noodle was not citizen for five
years next preceding his election, rs
required by the constitution.
The claims were made based on the
assertion that Noodle voted In Min
nesota in 1880. Noodle denied giving
up his residence in North Dakota, In
sisting 1t was never his intention.
SEQ High Court Action
The original action against Noodle
was started by Francis Murphy. spe-
cial assistant attorney general, and
counsel for deposed Gov. william
LANCER. Murphy filed . restraining
action In district court seeking to
prevent issuance Of q certificate. OF
election to Noodle.
His action failed. He appealed to
the supreme court, which brushed
aside his contentious, ordered i6su-
ance Of Z certificate Of election r. /,
Noodle.
Satire countered with m appliea-
ton for quo warranto. question119 !
by what right" Noodle sought II
obtain possession Of the office Of eos-
ernor. He raised the question =
residence, Is had Murphy, and In ~.
dition, challenged Noodles citi9o1l.
ship.
Soon after defense attorneys 81. I
urday had Issued . response to IL
allegations by Satire, the attorney
general withdrew the citizensl11H
challenge.
It was considered likely by ohserv~
ers that, with issues narrowed down
to the questions Of residence and n 4
tent. the supreme court may deter. Y
mine to hear and decide the case -
fore January Z.
Included In the action, ct the - I
quest Of the supreme court. Is Waltz l.
Wexford, Republican lieutenant-gos.
AlANk