The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1935-02-04
C. o N TIN UE n
from page ono. ~
New Governor Has
Majority Support
In State Assembly

~s~~ee
governor than was true Of many who
were gathered at the meeting.
Both Noodles statement calling
tor cooperation with his successor
and Welford,s assertion that he con-
siders his obligation to be one to "all
the citizens Of the state" gave rise
to the belief in many quarters that
the result Of change might be one Of
political peace.
There was much speculation as to
his meaning when he said:
Our present problems are Of our
own creation and were conceived In
greed, hatred and selfish indulgence
but many saw In it an expression Of
attention to unite all OF the people
of North Dakota In q constructive
program If he finds 1t possible to do
50.
New Deal for League
Many Nonpartisans who claim to
be In position to know, assert that the
supreme courts decision definitely
barring LANCER from succeeding We'll
ford as governor, in the event LANCER
wins his appeal from his conviction
IN federal court, coupled with We'll
lords determination to be Ibis own
man" means new political deal for
the Nonpartisan League as well as for
the state.
These persons assert that wexford,
in cooperation with other state off,
GERS and many Of his supporters,
have recently held conferences on
the subject and have definitely reach
ed the conclusion that LANCER has
been a bad influence. The assump-
ton Is, however, that many former
LANCER supporters will be taken into
the new administration.
day as to what Welford's attitude
will be toward persons appointed to
office by Noodle before his removal.
Among these are Ole H. Olson, who
succeeded LANCER as governor;
Arthur Peterson Of Cando, appointed
state game and fish commissioner,
and two members Of the pardon
board. In its decision the court spe-
officially held that all actions by
Noodle as governor were legal and
binding.
The new governor will have the
cooperation Of both branches Of the
legislature, the house being definite
ly in the hands Of Nonpartisan
group which has heretofore been con-
trolled largely by LANCER, and the
senate having been organized by
agreement among all factions.
The elevation of Wexford to the
governorship brings Senator A. s.
Marshall Of Dickey county to the
chair as presiding officer of the SEN
ate. He was elected president pro-
tenn at the beginning Of the session.
his duties being to preside In the alb
sence Of the lieutenant governor.
It Is expected that Wexford will
send q message to the legislature out
lining the plans for hts administra-
ton and his ideas regarding legisla-
ton. He Is known to be intensely
interested In the tax and water con-
servation situations and may have
some suggestions on these matters.
Active in Farmers Union
Since coming to Bismarck Wexford
has been fairly regular attendant
at meetings OF the Farmers Union
legislative group and has taken an
active part in the discussions there.
He Is q members Of the Farmers I'm
ion.
The supreme court, In holding
Noodle unqualified for office, stress
ed the fact that he had done nothing
wrong but said he could not meet the
constitutional requirement that g.
governor must have lived in North
Dakota for the five years next pre-
ceeding his election.
The court specifically held:
That Wexford becomes acting gov
ernor for the balance Of the term to
which Noodle was elected.
That Noodles official acts while
in office are valid.
That hold-over provisions Of the
constitution are mot designed or in
tended to extend beyond the tenure
Of office by an incumbent for his own
benefit beyond the specified term;
when -. the incumbent qualities
and takes possession Of the office the
old administration Is at an end. I'll
cannot Oe revived.
ut is the duty Of Mr.. Noodle to
surrender the office OF governor to
Lieutenant Governor Wexford" the
court declared. Though Mr.. Noodle
is not entitled to hold the office,
nevertheless no question can be raised
as to the validity Of the official acts
performed by him. Under the wise
- AA In ANk
done Is valid and effective. He was
clothed with prima facie title to the
office.
THE application for 4 writ must
be granted: it Is assumed the re-
spondents will act in conformity with
this decision without the issuance Of
= formal writ
Praises Noodles Honesty
The court observed In its opinion
that I'VE think from the whole
record that Mr.. Noodle did intend
to return to the state Of North Da-
kota sometime.
His testimony. his statements to |
the witnesses in Minneapolis and the |
fact that he did return oil indicate |
m intention to return sometime.
ION the witness stand his truth |
fulness was apparent to everyone.
He answered all questions without
hesitation when the answers were un-
favorable as well as when they were
favorable. He stated that his plans |
were indefinite when he left Mo-
hall"
Commenting on Noodles voting In !
Minnesota. the court said, 1T is quite |
apparent from this record that while |
Mr.. Noodle had an intention to re-
turn sometime to North Dakota. he |
had the intent when he registered |
rs q voter in Minneapolis to cast his
vote as he always cast 1t and that he
did not intend to exercise any
rights Of citizenship in North Da-
kota while he was In Minnesota but
Intended to exercise them in Min
nesota. He knew that North Dakota
had IN absent voters ballot law: but
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