The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-12-17

After having been admittedly sick
1t heart when it was disclosed that
Thomas H. Noodle had voted In
Minneapolis in 1880 and that this
would be made the basis for an ef-
fort to keep him from taking office,
North Dakota Democrats have exper-
fenced swing back to confidence.
It Is based upon their search into
the law governing the matter and
they now are prepared to have the
case presented to the supreme court
for decision rs soon as his opponents
get around to doing so. They feel
there Is only one answer the supreme
court could make and that = to seat
Noodle.
A curbstone analysis Of the law
shows why. Here 1t Is.
In the first place, the constitutions
81 provision upon which the challenge
Is based says nothing about citizen
ship. It requires that q man be 30
years old. q citizen Of the United
States and resident" Of the state
for the five years preceding his cleo
ton. That word resident" Is the
important one. Upon its definition.
Il the case Is presented to the supreme
court for final decision, probably will
depend the outcome.
Under the constitution, it IS plain.
q man who had lived in the state
five years could become governor.
even though he did not receive his
citizenship papers until five minutes
before his inauguration. On this
basis, Noodles voting In Minneapolis
In 1880 is significant only insofar g
1t might apply to the task Of deter
mining his legal residence during the
last five years
Law On Residence Is Clear
As to what constitutes residence
and how . residence may be changed,
the laws Of North Dakota are clear.
Section u Of the political code
says:
every person has, In law, ,
residence. In determining the
place Of residence, the following
rules are 70 b observed:
II. Il 10 the place where one
remains when not called else.
where for labor or other special
Or temporary purpose. and =
which he returns In seasons of
repose."
Paragraphs two. to six, inclusive.
are not important In the instant case.
but Noodles lawyers may be expect
ed to bear down hard on Paragraph
seven. It says:
1.-THE residence can be changed
only BY the union Of act and IN
tent"
On this basis, since intent - half
the requirement for . change in resi-
dence, Noodles attorneys will con-
tend that his opponents have only
half = case. They feel the supreme
court will not bar the goyernor-elect
from office ON 4 60-per-cent showing.
They base their attitude, too, on
the numerous text books which out.
line the law Of residence and upon
supreme court decisions, many Of
which hold that voting is not con-
elusive Is to . mans legal domicile.
These decisions, by the way. 90 far
back into the English common law,
for place OF residence has often been
Z matter OF issue In the courts.
One Of the most enlightening cases
on this point Is that Of Spaulding W.
Steele. decided by the supreme court
Of Michigan in 1907.
Voted IN Oregon, Dut-
In this case one Robert N. Steele
died and the question presented to
the court was whether his wife was
entitled to Z dover interest In Ger
tain property. II he were . resident
Of Michigan ct the time Of his death
she would have such rights. If he
were not she would Be deprived Of
the property. The only question in
volved was where Steele was . resi-
dent and It was the only one dis
cussed by the court In Its decision,
which held unanimously that Steele
vas / resident Of Michigan, even