The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1935-01-26

10 O. 4 T l N U E Id
- from page one
Quick Decision
On Eligibility
For Office Seen
Minneapolis postmaster and one
time employer OF Noodle, G. J. Murphy
pointed to . letter to Robertson In
which Noodle expressed the desire tc
get another North Dakota newspaper
and the fact that, when Robertson
asked why Noodle had not applied to
him for Job in 1929, he was told
Noodle was only temporarily In Min
neapolis.
Many Cases Set Precedent
G. j. Murphy said the law books
are full OF cases where years have
elapsed while temporary business was
being done and that this fact did not
change the temporary. character OF
the residence.
Attention also was directed to the
change in Noodles life which began
10 years ago. Prior to that time he
had been an employe Of newspapers
but in that year he settled down, &C
quired property and became an en-
ployer and that had since been his
status in this state. His return to
Williston In similar status was ad-
yanced as proof Of his fixed intention
to do SO.
G. j. Murphy asked the court to
apply common horse sense" to the
facts surrounding Mrs. Noodles
church membership. It was un-
changed from the time they left
Wahpeton In 1928 until their arrival
in Williston In 1881, he said, be-
cause there was no church Of that
denomination in Mohall and their res
idence in Minneapolis was only tenn
porary. Such cases have often been
decided on the significance Of such
lodge and church affiliation, he said
Discusses Tax Notation
Discussing Noodles notation on a
tax return that he was not a resident
of North Dakota in 1880, c. j.
Murphy asserted that he merely meant
to say he was not physically living
here then and that the word resi-
dent" was not used in the legal sense
as applied in this case.
Referring to the circumstances Of
Noodles voting In Minneapolis, G.. j..
Murphy pointed out that there was
no examination as to Noodles right
to vote and matched this up with the
Fargo case previously cited.
In connection with the law on
floating intent" he said special
brief on this phase Of the case would
be presented to the court. After the
court session he said the respondents
were not sure the subject would be
raised and had prepared q special
brief on this phase of the law for use
In case it were placed in issue.
Discussing the rights Of resident
under an amendment (absent voters)
to the state constitution as applying
to residence, Murphy was asked by
Justice Morris II 1t did not distinguish
between voting right and domicile,
and was told Murphy believes it
serves to continue residence in one
place until 1t is deliberately changed.
Relief Cases Noted
At this point Justice Christensen
commented that the relief cases
make striking differentiation between
legal residence and physical presence.
G. J. Murphy mentioned principles
Of law and citations OF cases in which
residence had been retained by in
tent alone despite travels away from
the legal domicile.
Dealing with the general phases Of
the case, Murphy pointed out that the
most that can be said against Noodle
is Of purely technical nature; that
no one contends he is not competent
or qualified by training and experi-
ence and that the attack upon his
right to office was not made because
Of any such belief. II the court tells
him to "step out" Murphy said, the
effect will be to discredit him and the
witnesses whose testimony was pre-
sented in his behalf. The only excuse
for ruling him out, he said, would not
be lack Of residence but merely gap
in residence.
Asks Stamp of Approval
He asked the court to "set the
stamp of approval on this courageous
and honest man who has told you the
facts frankly and fairly and who is
prepared to give this state one of the
best administrations as governor that
It has ever had.
In his appeal, Hildreth asked the
court to consider the manner Of man.
Noodle is, his early experiences and
the fact that, when he attained
place as newspaper proprietor he
did 1t in North Dakota and had since
shown in every possible way his inten-
ton Of continuing to remain here.
He charged that the desire for
power seeks to say that this man for
feited his rights"
Satire Winds Up Hearing
Prefacing his argument, which
concluded the hearing, Satire told
the court he appreciated the jurists'
efforts In bringing the action before
the supreme court for hearing to OBJ
tain speedy determination of the
governors qualifications.
He said he believed this to be the
first case in which the state supreme
court has heard both the fact and
the law.
II have no personal interest in this
law suit" Satire said. II am here as
attorney general because I took an
oath to support the constitution and
the laws Of North Dakota.
This involves a CONSTITUTE n q !
question, a question Of whether Moo
die IS qualified to sit as chief execu-
tive.
II have no personal quarrel with
Thomas Noodle. The most friendly
relations have existed between Mr..
Noodle and myself both In a personal
and official capacity.
Il admired his attitude on the wit
ness stand. He answered each ques-
ton openly and fairly, regardless Of
whether It was for or against him.
Some stern. cold propositions,
however, confront US In this law
suit"
Builds Around Section -
Satire began building his argu-
ment around Section q which pro-
vides that q candidate for governor
"a