The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1935-02-04

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It presented questions Of law only
State ex rel Olson v. LANCER,
N. D. -, 256, N. w. 377.
1t seems entirely clear that the
trainers Of the constitution did moi
intend that the Supreme Court or.
dinarily should hear witnesses, ane
weigh their testimony, and try anc
determine disputed questions OF fact
especially where such questions were
OF such nature as to be properly
triable to q Jury: but It was intend.
ed that when an issue OF fact prop
'erly triable to jury arose in a
proceeding In the Supreme Court such
question should be sent to a dis
trict court for trial. In short, the
procedure adopted In this case was
In accord with the intent, spirit and
purpose Of the constitution. But, in
view Of the existing conditions, (Which
according to the certificate Of the
trial Judge arose after this court
sent the case to the district court
for triaD we are agreed that this
court not only may but should try
the case.
People Confer Power
The Jurisdiction conferred upon
this court by section 81 of the con-
stitution Is q prerogative jurisdic-
ton. This Jurisdiction Is not only
limited to prerogative writs but is
confined to prerogative causes" At
torney General v. Eau Claire, 81 Wis.
400, 443. The people Of North Da-
kota in their constitution conferred
this great judicial power upon the
Supreme Court that it might be used
in their behalf for the assertion of
sovereign rights and to protect and
vindicate the prerogatives and fran
chises of the state and the liberties
Of the people. This principle was
announced in the early history Of the
state and has been steadfastly ad-
hered to. North Dakota v. Nelson
County, l N. D. 80; State v. Archi-
bald, 5 N. D. $50, 66 N. w. 234; State
ex rel Linde v. Taylor, 80 N. D. rs,
156 N. w. SCI.
THE jurisdiction" said Chief JUS
tice Morgan Estate v. Fabrick, II
N. D. $50, 536) rs not to be exer-
cised unless the interests Of the
state are directly affected. The
matters to be litigated must not only
be publici juris, but the sovereignty
Of the state, or its franchises or pre-
negatives. or the liberties Of its peo-
pie, must be affected. . There must
be presented matters Of such strictly
public concern as involve the SOW
ereign rights of the state, or its
franchises or privileges"
To Punish or Prevent Wrongs
This transcendent jurisdiction"
said Chief Justice Winslow of Wis.,
consin Estate ex rel Bolens v. Frear,
l48 Wis. 1850 rs a Jurisdiction re-
served for the use Of the state itself
when 1t appears to be necessary to
vindicate or protect its prerogatives
or franchises, or the liberties of its
people; the state uses 1t to punish
or prevent wrongs to itself or to the
whole people. -"
The governmental power thus re-
served by the people for use by the
state to protect. preserve and vim
dictate the sovereign rights Of the
state and Of the people may not be
thwarted or rendered impotent be-
cause circumstances render 1t diff
ficult or even impossible to pursue
the ordinary methods Of procedure.
And where, as here, 1t Is shown that
conditions exist that render the US
ual and ordinary methods of proceed
ure inapplicable. inadequate or un-
availing. other appropriate judicial
means will be adopted so that the
great ends for which the jurisdic-
ton was reserved may not be de-
feated. Hence. inasmuch as in this
case the usual and ordinary proceed
ure was shown to be inadequate and
ineffective, the court decided to try
and determine all the issues in the
case, both Of law and OF fact, directly
In this court. Accordingly q trial
was had at which evidence was ad-
duced.
Cltl1enShlp stipulated
A written stipulation that Mr..
Noodle is q citizen of the United
States was filed leaving only the
question OF his constitutional quail
fication as to residence.
It is conceded that Thomas H.
Noodle sold his newspaper at Mo-
hall: that he left Mohall for Min
neapolis. not intending to return to
Mohall: that he arrived in Minnea-
polls in August, 1929: that he lived
with his wife in Minneapolis until
the 3rd day OF April, 1891, at 2545
Blaisdell ave.; that he registered as
voter and voted at the primary In
June and at the general election in
the fall: that his wife, with his
knowledge, also, registered as q vot-
er that year. But 1t is his contention
that his residence in Minneapolis
was temporary: that he went to
Minneapolis because certain news
paper organizations in that city had
information relating to papers In
North Dakota which he, Noodle,
might purchase and while waiting
for an opportunity to purchase he
had temporary employment on the
Tribune.
Veteran Newspapcrman
Mr.. Noodle Is q newspaper man.
He practically grew up in a news
paper office and apparently there
was no kind of work about q news
paper office that he did not know
and could not do. He could set
type. run q linotype machine. write
editorials, political or otherwise. He
apparently was very versatile and
industrious man. He worked on
newspapers In Minneapolis, st. Paul,
Duluth, Virginia, Bemidji, New Or
leans, st. Louis, Langdon, Grand
Forks, Fargo. Wahpeton, Ray. Long
Beach, San Francisco, Mohall. Will
iston. Minot. Bismarck and other
cities. He apparently could drop into
city or town and 60 right to work
In newspaper office in some ca
pacity. When he lived In . town or
city long enough to entitle him to
vote, he voted, and there never was
any question about the legality Of his
vote or his right to cast the same.
Terms Of Residence Detailed
The term resided" as used in the