The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1935-02-04
JUDGES FIND VOTE
IN MINNESOTA BAR
TO OFFICE HOLDING


lid; Lieutenant Governor
to FIJI Out Term
The complete opinion of the
state Supreme Court in dis.
qualifying Governor Thomas
H. Noodle and finding Lieu.
tenant-Governor Walter Wei.
ford his successor in office
follows:
Burke, CHI. This Is an original
proceeding in quo warranto institu.
ted In this court upon the applica-
ton Of the Attorney General. II
involves the title to the office OF
Governor. In the information 1t Is
alleged that the respondent, Thomas
H. Noodle, received a majority OF
the votes cast at the last general
election for the office Of Governor:
that q certificate Of election was
duly issued to him, and that he has
qualified and entered upon the dis
charge Of his duties as Governor
and that the respondent. Walter
Wexford, at the same election, was
elected Lieutenant Governor and
that he has duly qualified as such
officer. It Is further alleged In the
information that the said respond
ent, Thomas H. Noodle, did not
possess the qualifications prescribed
by section 70 Of the state constitu-
ton and that he Is ineligible to the
office of Governor In this: % that
he Is not q citizen OF the United
States: and ca that he had not ire
sided five years next preceding the
election within the State"
The respondent Noodle filed re-
turn wherein he denied the aver
1nent Of tho information and assert
ed that he was and Is a citizen Of
the United States and that he had
resided within North Dakota the
five years next preceding said gen.
eral election. and, hence, possesses
the qualifications which the consti-
tuition prescribeS for the incumbent
OF the office of Governor.
Ordered Ramsey Trial
The pleadings In the case present.
ed questions Of fact properly triable
to . Jury. This court, therefore.
entered an order that:
Whereas, in the above entitled &C.
ton there are presented issues Of
fact which are properly triable to a
jury,
And whereas the provision Of the
constitution North Dakota Consti-
tuition. Sec. 3D. comforting original
jurisdiction upon tho Supreme Court
expressly provides that no jury shall
be allowed In the Supreme Court
but in proper cases questions OF fact
may be sent by said court to the
district court for trial -
1T is ordered:
Il. That the issues OF fact In this
case be sent to the district court
Of Ramsey county for trial: that
such issues of fact be tried to a
jury. unless the parties expressly
waive trial by jury, and the trial
Judge accepts such waiver and de-
termines to try the case without q
jury.
y. That the Hon. G. w. Butte, one
Of the judges Of the Second Judicial
District Of North Dakota. whose
chambers are located In said RAM
sey county, be and he hereby is des-
ignated as the judge to preside at
the trial Of said action
On January 81, 1885, Judge Buttz
made the following report to this
court:
Ask Change of Venue
January 7. 1885. Supreme Court
made order in this case that issues
OF fact be sent District Court RAM
sey county for trial designating me
judge to preside at trial. I was no.
titled Of entry Of order on same day.
Shortly thereafter was informed that
Attorney General might file applica-
ton for change of place Of trial.
On same day I communicated with
him requesting II such application
were made 1t be presented promptly
SO that case might be tried as ex-
peditiously as possible. In order to
cause as little inconvenience as pos
sible and to expedite disposition Of
case I arranged for hearing the ap-
plication for change Of place Of trial
and conference with counsel for
respective parties before January
18th. They were unable to agree.
At that time counsel for both sides
present at Fargo and application for
change Of place of trial was SUBJ
mitted by attorney general. Con-
formable to usual practice gave the
opposing side opportunity until Sat-
urday night submit rebutting affi-
davits. At that time had not the
slightest doubt that it would be pos
sible to obtain fair and impartial
jury either in Ramsey county or in
any other county to which case
might be transferred, II . change
Of place Of trial were ordered.
No Time Wasted
Both sides and myself have hon.
estly tried to expedite trial. Not .
moment was wasted. Careful con-
sideration has led men to conclusion
that county chosen by Supreme
Court, namely Ramsey, Is probably
most impartial county and, conse-
quently. denied application for
change Of venue As it appeared to
me that in al circumstances there Is
. greater probability Of obtaining .
fair and impartial jury in Ramsey
county than in any other county in
state. However. recently addresses
have been broadcast over radio pur-
porting to discuss not only all facts
In case but prodecure adopted. In
many instances In such manner As
to tend to discredit decision that may
ultimately be reached. In similar
instances discussions have appeared
in press. According to press House
Of Representatives have discussed
and passed resolutions looking to-
ward impeachment Of Governor
Noodle for same reasons and grounds
that are involved In this action. Ac.
cocdjng to statements In press COM
have been sent to menu
bers Of legislative assembly from
practically every section Of state ex-
pressing opinions on very issues In.
volved In this case. In short, there
has beeu developed such intense feel
Inc, disseusion and turmoil g to