The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-12-28
EXPOSED BY
SATIRE CHARGE IN
BATTLE FOR POWER
Issue Raised When Attorney
General Brands Him as
Subject Of King
COURT CONSIDERS MATTER
covernor-EIect Says He viii
Prove Status when
Proper Time Comes
by The Associated Press)

by The Associated PreSs)
Flat denial that he Is not . citizen
Of the United States, as charged BY
Attorney General p. o. Satire, came
Friday from Thomas H. Noodle, Dem
ocratic governor-elect, as the state
supreme court conferred on proposal
to take up immediate consideration
Of an action challenging Noodles
eligibility to serve as chief executive.
The court conferred Friday morn
ing and then recessed until afternoon,
when 1t is held probable q decision
may be given on the petition Of Satire
that it assume Jurisdiction 1t this
time and determine Noodles status
before January Z, Inauguration day.
The attack on his citizenship was
termed BY Noodle Is Chasing rain
bows"
He said that. when the proper time
comes" he will be ready to prove he IL
. citizen Of the United States In which
he has lived since childhood.
Noodle declared that tor good and
sufficient reason" and on advice Of
his attorneys, he was reluctant to
mos nou, hefora thH .tst. e,,rs.s.
co,,rt >e''''
Ernect Early nac,.,o.,
..-., -. ....--
from Attorney General p. O. Satire
in supreme court proceedings Thurs
day. The court deferred action on
Sathres request that It take 5uris-
diction In quo warranto PROCEEDINGS
against Noodle and indicated . Sul-
ing would be given Friday.
Early In the week the court had
indicated willingness to take turisdio-
ton ana decide the matter but when
the question OF whether Noodle = =
citizen - al was raised i decided 70
again review the situation.
The only question originally raised
was that Of whether Noodle. by voting
In Minnesota IN 1880. had lost his resi-
dence In North Dakota and this had
been stu further reduced by agree.
ment OF attorneys to the issue o.
whether he intended 70 establish him>
sell as citizen Of Minnesota.
When the question OF Moodje9
citizenship was raised, however, Chief
Justice Burr commented that It rep
resented . new element In the case
and was clearly more important than
any question OF restdence, to which
atoorneys 3ol aaoooae ss1eeo.
Seeks LANCER Ressofataoo
At the same time, Attorney General
Satire revealed that ono Of the OBJ
jects of the court action may b tho
eventual restoration to office Of VII
liam LANCER. although the term to
which the latter was elected viii ex-
pire January Z and he is ineligible to
serve by reason Of his conviction Of q
crime In federal court.
Sathre's position, it was revealed. Is
that Lieutenant dovernor-elect Wal.
ter Wexford would succeed Noodle Il
the latter Is ineligible to serve but
that. In the event Langers disability
IS removed ne would become governor
on the theory that no one had been
elected to succeed him. Welford has
been made party to the action now
before the court.
Other lawyers take the view that,
IN the event Noodle Is nelo lneAe1oae.
Acting Governor q. Il: olson would
continue IN oil1ce with LANCER re-
turning 20 the post Il MS olsaonlty
IS removed.
Came - Surprise
The challenge 70 Noodles cittzen-
shin came As 4 surprise attack. 10
both the state supreme court and It.
tornevs for Moodie. The court con-
yened Thursday to hear a petition by
Satire that Il take immediate iurts-
Giction in decentralization proceed-
ines which the court had indicated
nreviouslv IL was ready to do. When
the citizenshin challenee was pre-
sented. the court decided 10 defer &C.
tion on the petition.
Tho s,,nreme court had upheld =
co,,rt decision vacatino : re-
straininr order which preyentAd ia
suance Of q certificate Of election to
Noodle. The court also determined
to take jurisdiction IN quo war
ranto proceeding questioning Moo
dies right to office.
Application for the quo warranto
was filed BY the attorney general
Thursday, and it had been generally
understood the only test would be Of
Noodles residence in North Dakota