The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1935-01-25

asking him to identify the signatur.
on the document. Noodle compiled
Turning to the court. Murphy drew
attention to two questions Of the re-
turn. reading them.
One question asked OF Noodle, "art
you q resident of North Dakota?," tt
which the written reply was "yes.
A second question inquired, did YOU
file an income tax return for 1880,
to which Noodles written reply was
"no-not a resident then"
Noodle had gone on the stand on,
Of regular order In response to Muir.
phys request to enable the special
assistant 70 complete his presenta-
tions Of proof.
Noodle returned to his chair by a
deep recessed window, as his attor-
ney, G. ]. Murphy, began the task OF
reading numerous affidavits from
friends and fellow-workers. attest
Ing to his intent.
Noodle Affidavit Read
Included in the affidavits was one
from Noodle himself, relating his life
In North Dakota. and explaining the
efforts he made to purchase various
newspapers in the state.
Recalled to the stand, Noodle ex-
planned his reply In the income tax
return, under examination by G. j.
Murphy.
In the tax return for 1881. you
said you did not make a return II,
1880 because you were not residing
here-what did you mean7" asked
Murphy.
"That I was In Minneapolis
answered Noodle.
when you say you were not . resi-
dent in North Dakota you meant
you were in Minneapolis"
"Yes."
"You understand that while you
were living in Minneapolis you were
not liable to the income taxi"
Eyes"
How much did you earn during
the time you were in Minneapolis?
For the year 1880, my income was
$1,000" Noodle replied.
Murphy devoted much Of his ques-
tioning to the time between July,
1929, and April. 1881, which Noodle.
with his wife. spent in Minneapolis.
Aligned against the governor early
In the session we're documents, the
effect Of which the state claims will
topple Noodle from his position.
Evidence Placed In Record
Bit by bit. Francis Murphy placed
in the record the evidence upon
which he builds hts case: q photo
static copy OF Noodles voters regis
tration card In Minneapolis, showing
he voted twice in 1890: a similar pho
tostatic copy Of q like card Of Mrs
Noodle; two applications for motor
vehicle licenses. and q motor vehicle
transfer in Minnesota; numerous
sections Of the state constitution;
portions OF the Minnesota election
laws: copies Of editorials written by
Noodle: a copy Of the 1881 income
tax return.
G. J. Murphy, Grand Forks
Noodles attorney. Immediately
plunged into dissection OF the evil
dence against the chief executive
Carefully, he studied copies of stip-
ulated facts. predicating his ques-
tons on them.
Had you any purpose or intent in
your mind to 60 into the newspaper
business as a publisher or employe in
Minneapolis when you went there?'
asked Murphy.
Il did not" replied Noodle.
Noodle testified that after he went
to Minneapolis. he Immediately be.
gan contracting agents who would be
In position to inform him OF news
papers for sale in North Dakota. Be.
cause OF illness Of his wife's sister
they remained In Minneapolis, he
said.
Position Only Temporary
A lengthy affidavit by Noodle, part
|! Of the record Of the original proceed.
ings in district court December IL
was read. In the affidavit. Noodle
stated he was offered q position or
the Minneapolis Tribune as mem.
Der OF the editorial staff. Noodle
said he took the position with the
understanding 1t was to be only TEN.
porary. Noodle said he conferred
with the managing editor OF the
paper.
"What was said to the managing
editor Of the Tribune with respect Il
the character Of the employment?
Noodle was asked.
HE said he didn't know how loni
1t would last. and he was not SUR
what the work would be until HI
talked to F. e. Murphy, the pub.
Usher, who was In Washington,
Noodle answered. HE said M.
Murphy would return in q week O.
two and We would take 1t up later.
WAS this temporary arrangement,
ever changed7" Murphy inquired.
mo"
During any subsequent talk wa.
there any conversation relative to !
becoming permanent"
No Different Arrangement
There was no different arrange
ment."
with regard to the licensing O
the cartel why you took out Z loca
license" directed Murphy.
MY understanding was It was re-
quired by the Minnesota law"
when you signed the affidavit
did you have anything in mine
about your status in North Dakota?
mo-"
THAT IS also true as to your regis
tering to voter"
Eyes,"
did you have in mind the remotes
idea Of abandoning your residence Ii
North Dakota7 Did you intend Il
do so?"
mo-"
ibid you ever form the intent Will
the purpose Of establishing yoursel
permanently Ia Minneapolis"
mo"
Employed BY Tribune
In his affidavit. Noodle reviewe'
his activities IN the state as . news
paper1nan. beginning with his du
ties as editor Of . paper In 1898 .
Langdou. Prior to that time. Moods
said, he had been employed by Tia
Bismarck Tribune.
In July. 1919. the affidavit said. h
onerated thu Richland County Far