The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1935-01-19
Some Facts for the People

Some Facts for the People
Reports that impeachment Of four
Of the five Judges Of tho state su-
preme court may be attempted by
the Nonpartisan members Of the
house Of representatives makes It ad-
visable for the people to acquaint
themselves with tho details OF the
Noodle eligibility case. in the hand
ling Of which tho court has failed to
meet the ideas Of Noodles political
enemies.
It u also well to compare the
handling Of this case with that In
which the tile to office Of another
governor was involved, that being the
proceeding in which william LANCER
was removed from office following hts
conviction In federal court on GRIM
inal charge last summer.
There are points OF similarity and
Of dissimilarity and for each Of them
there u q reason.
Tho Noodle case first came to the
supreme court on appeal from the
Burleigh county district court. An
injunction had been asked to prevent
tho state canvassing board and the
secretary Of state from issuing to him
a certificate Of election. The lower
court held this was not the right kind
Of action TO challenge the title to
office. The supreme court sustained
that position. With this stand At.
torneys opposed to Noodle appar-
emily had no argument. In present.
ing their case to the court they could
cite no precedent, in the long political
history Of this country and its states.
in which that particular type Of &C.
ton had reen ruled proper under
such circumstances.
The sound reasoning behind this is
evident when one considers that, II
an Injunction action were ruled
proper, every officer elected could
have been prevented from taking Of
flee on trumped-up charges II anyone
were INSCRIPTIONS enough to seek an
injunction.
X X =
Then came the matter Of trying
Noodles right to the office directly,
instead Of through q legal back door.
Quo warranto proceedings, recon.
snended by attorneys for both sides,
can b brought only against q man
actually in office and assuming to
exercise it, powers. All attorneys
agreed that this was the fact, their
urging that the court take jurisdic-
tion being based on pleas OF public
policy rather than upon tho law. It
was the court itself which pointed to
the possibility Of taking Jurisdiction
under the declaratory Judgment STAT
ute and decided to act under It.
Meanwhile, an agreement which
had been reached between opposing
attorneys Is to the facts in the case
was abrogated by the prosecution.
This agreement was . necessity II the
court were to assume original juris-
diction, since It's only function = to
spply the law to an agreed state Of
facts - determined by . Judge or jury.
With no agreement q to what the
facts ere. the matter was referred 70
q district court Judge and . Jury for
determination as to that phase Of the
case.
The matter might have been de-
cided by this time had not the prose.
cution. whose friends loudly blame
the supreme court for delay. filed IN
affidavit Of prejudice against Ramsey
county. This meant and viii mean
further delay.
= = 4
Possible reasons for this delay an
tho part Of the prosecution are ap.
parent.
II. - appears probable. wholesale
impeachment and revision Of the
courts personnel were contemplated
from tho beginning, Ill Of these ma.
neuvers have clearly been directed
toward getting the case presented to
. supreme court which could b hand.
picked for the purpose Of deciding
against Noodle. Such IN action would
constitute "A assault against the vesy
principles Of Justice but political ex-
pedjency apparently knows no bounds
IN the minds Of some persons under
present conditions.
10 much for the Noodle case.
Now for . comparison with the
Laneer cass.
n The proceeding against tho con-
victsd governor, there was no dispute
q @ the facts H had beeu tried
n . court o. competent Jurisdiction
Ind ben found guilty. The supreme
courts only task was 70 determtne