The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1935-01-03
DISTRICT court TO
RULE ON right OF
NOODLE TO OFFICE
Supreme Jurists Decide on Pro.
cedure IN Assuming Juris.
diction Wednesday
RESIDENCE ONLY ISSUE
Attorneys Hope to Have Case
Disposed Of Before lnau.
guration Date, Jan. !
RESIDENCE ONLY ISSUE

Thomas II. Noodles eligibility O. .
candidate ct the time Of his election
as governor win b determined BY .
district court. the state supreme
court decided late Wednesday. g It
assumed jurisdiction In disquslifica-
ton PROCEEDINGS.
Whether the action win b finally
heard and decided before Jan. Z, the
date Of Inauguration, still was . ques-
ton, depending upon tho speed with
which the case moves through the
lower court.
Under Wednesdays ruling the lower
court viii determine disputed facts,
whether or not Noodle intended to
give up his residence BY voting In
Minnesota In lo30-while questions Of
law involved still win b determined
BY the higher court.
Residence Only IDuo
Ono issue = involved: That Of
Noodles residence ct the time Of his
election.
The supreme court also decided:
Unanimously, that the issue In.
volved = one emitting the parties
to . trial BY jury:
BY . majority. that orderly
procedure requires the issue
to be submitted to district court
for trial"
That both sides submit proposed
interrogations for examination,
70 b sent to the lower court.
10 request both siie6 70 suggest
one q moro counties IN which
the action may b conveniently
tried.
still to b reviewed BY the court
were questions which win be asked
Noodle ct the lower court hearings:
also, determination Of the court to
which the case viii be sent stu was
to b made.
While trial Of the action now may
be made before . jury. it was held
possible the attorneys may waive the
jury hearing. and elect to conduct
the trial and submit It only to the
presiding Judge.
The court held that while It could
assume jurisdiction in the case and
hear and determine the question Of
fact itself. because Of agreement be-
tween contenders, II was decided
nevertheless that It should 60 to the
lower court for determination.
The quo warranto proceeding,
which questions by what right"
Noodle seeks to exercise the powers Of
governor, was instituted by p. O.
Satire. attorney general.
At the same time Wednesday. an
affidavit was flee BY Satire asking
that prior allegations Of lack Of ctti-
senship on the part Of Noodle be
stricken from petition, for the infor-
nation in quo warranto.
Citisenship Acknowledged
In his affidavit, Satire said, "since
the Inauguration and filing Of said
petition, this affiant has made . per.
sonal research and investigation
with reference to the citizenship Of
Noodle. and such research and
investigation has revealed to the sat
isfaction Of said affiant that !.
04OOQ16 - CAtANCA W VASV SAAAt0SA
States"
Noodles residence IL questioned on
tho grounds that he gave up his
North Dakota residence by voting in
Minnesota In 1890. Noodle has de-
MED intending to give up his resi-
dence, maintaining he has constantly
been : resident Of the state.
The court battle now win revolve
around the point Of Noodles intent,
with the attorney general seeking to
prove that Noodle intended. BY vot-
ing. TO establish his residence In MIN
nesota. North Dakota's constitution
provides that TO b qualified, can
didate must have lived In the state
five years next preceding his elec-
ton. Satire claims Noodle has vio.
lated this section Of the constitution.
Arguments before the supreme court
vore beief, consuming only . few
minutes. A new stipulation, sisned
ffsns,fiys,nd ~ poRA 9AvAnl