The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1935-02-02
Wexford Becomes
Chief Excufive
TOFiu Out Term
Five Judges Unanimous in Determining Case Noodle Says He
Will Step Out Quietly and Calls on People to
Cooperate With His Successor
Thanks Friends for Loyalty and Holds No Cudgs Toward
Man; Chance Of Langer's Return to Power
Barred by Ruling

Thomas H. Noodle disqualified governor Of North
Saturday afternoon.
The decision Of the unanimous and held thai
Noodle ineligible to under the cons
requires that have lived
North Dakota for five next preceding his election
n e thee executive e eh He is the
man in seven months to hold that office
Wexford might be succeeded by William LANCER removed from
the governorship last following his CONVICTION
H. Olson who LANCER acting might
the office Thus Wexford will continue governor
The court held that the Of the disqualification
OF the the Lieutenant succeeds to the
The one the few Democrats ever to be elected
to state office normal Republican North Dakota quickly
Lieutenant Governor Walter Wexford who has been presiding
over the senate.
tutona requirement that candidate for reside in
North Dakota for five next preceding his election
Noodle Has No Complaint to Make
Noodle admitted he lived and voted in Minnesota in 1880
but based his defense intention to retain his North Dakota
residence.
Il have complaint to make Of the decision Of ths
court Noodle commented he notified Of
1T is arrived after full consideration Of the law and
the facts in an orderly manner 1t satisfactory to me
ut should end the turmoil which the state has re-
% S g nssd .nd syt a e snS
sructive cooperation of citizen in this state in the
big task that is before him.
which they have stood behind throughout the long
campaign and its subsequent developments.
Il hold no grudge toward any man. | am personally
glad to be relieved Of responsibility which far greater
than the average of our people realize
Governor Wexford will need the whoeh coopera
ton from citizen in North Dakota. hope that is
cheerfully given"
The syllabus courts decision in which the five
judges of the court concurred, follows
THE State OF the North Dakota on the
Relation Of P 0. Satire, Attorney General, Reator
Thomas H. Noodle and Walter Wexford, Respondents.
l. Section 81 of the Constitution comforting original uris-
dcon the court to issue wrs of
mandamus, warranto cerorar and injunction
pressy provides that mo jury trial shall be allowed in said
court but questions of may
by said court to the district court for trial."
2 Under the peadngs this proceeding is an issue
of fact involved properly trable to jury.
g. Where question OF fact properly triabe to jury
arises original proceeding quo the supreme
cour and appears that conditions exist which make
cay impossible to trial and where the parties
to the proceeding waive trial by jury and ask the
justice require the will hear determine such ques
ton.
Under Section 73 Of the Constitution no person is quail
flied for the office Of Of North Dakota who has
election.
The resided" in Section Is of the Constitution
having had residence defined by Section H. Com
piled Laws 1913
Every person has in residence where such per-
remains when not called elsewhere for labor special
temporary and to which he returns IN Of
Such have but residence which he
not lose until another gained Leaving his place Of residence
not unless he establishes another and
residence be established only the union Of and intent
Did Intend to Return TO State
The court observed in it's opinion that I'VE think from the
whole record that Mr. Noodle did intend return the state
of North Dakota sometime