The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-12-27
- O N THU n
from page ono.
Certificate Given
GOvern0r-Elect by
Decision of Court

met before It would consider the
case. Among these was that Walter
Wexford, lieutenant governor-elect,
be made party to the action, either
as relator or as q defendant, the
court didn't care which. Another was
that the attorneys confer and submit
to the court a statement Of the EVIL
dence, in so far as they could agree
on this subject. in order that the
judges might determine the best
method Of ascertaining the facts in
the case.
That these facts already had been
presented to the court informally was
indicated In q remark by one Of the
judges.
Minnesota Vote ID Basis
The entire basis for the injunction
action and any others which may
arise IS the claim that Noodle has
not been resident Of North Dakota
for five years Immediately preceding
his election, q constitutional require
ment. This is bolstered by the fact
that he voted In Minnesota in 1880.
Opposed to this Is the claim Of the
defense that he never intended t.
lose his residence in North Dakota
and. under the statute defining
residence. has not done 30. This L
bolstered by number Of affidavits
In which various individuals asserted
that Noodle considered his sojourn In
Minnesota as temporary and fully In
tended to return to North Dakota at
all times during his residence there
Since affidavits are not evidence
some significance Is attached to thu
willingness Of the prosecution, 4,
mentioned by Justice A. NJ. Christ.
hanson, not only to agree that the
persons making the affidavits would
testify to the facts alleged bit 4
admit. for the purposes Of the argu.
ment, that Noodle had actually made
the statements credited to him by thu
persons swearing to the affidavits.
In view Of statement by Francis
Murphy. attorney for the complain.
ants. that he would be ready to pro.
coed without delay. and his reques,
that the record In the injunction cas-
be held BY the court as . basis fo1
trial Of the quo warranto action. lit.
tie delay Is expected from that quar-.
ter.
Legal Strategy Noted
Having won the right to seal
Noodle, however. his attorneys %.
peared in no particular hurry to pres,
the matter further, although they hat
joined last Saturday In q request fol
an early determination OF. ali phase.
Of the issue. :
Although press Of other bushes,
was given as the reason. elements Of
legal strategy may have been In.
volved. In some quarters It VI.
pointed out that Judge Moellring vii
leave the bench January and tina,
any case filed after that time woult
find Justice-elect James Morris il hi,
place. This view was that the de.
tense would rather have Morris cit.
ting In the Noodle case than Moell.
ring. especially In view OF Noellriuxl
dissenting opinion IL the LANCER re-
moyal case.
| In . discussion With Judge Christ
ianson. which developed as G. J
Murphy, Grand Forks. and NJ. w
Murphy. Fargo. attorneys for Noodle
mentioned their inability to pursue
the case at once. It developed that the
issues IN . quo wayranto proceeding
had been narrowed considerably in In
formal conferences with the contend.
ing lawyers.
| N. w. Murphy commented that thu
question Of residence" Is the onl,
one to be placed In issue in . quo
warranto action and that the onl,