The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1935-01-26

plete, and he and his wife departed
for q vacation trip to California, in
the winter Of 1928.
when he returned in the spring."
Murphy continued, lit was with the
intention Of buying q newspaper and
The went to Mohall Immediately"
Noodle had testified he purchased q
newspaper at Mohall in the summer
Of 1928. It was from this town Moo
Idle moved to Minneapolis in July,
1929.
Owned Property In State
Can anyone doubt for a moment
his residence from January l, 1924, to
July Is, 1929? Can anyone question
for q moment but what his residence
was legal - firmly established? OF
course, none can question that"
Murphy claimed the fact is, the
years of the time Of Noodles older
life were put in In North Dakota as
owner, part owner. and editor Of pa
pers here. His newspaper work in
Minneapolis was only temporary. He
never owned . newspaper there. In
North Dakota he has shown an en-
tirely different position with respect
to his business.
Murphy commended Noodles resi-
dence In North Dakota was "as per-
manent and substantial as 1t could
be II he had been in the newspaper
business In North Dakota for 80 or
40 years.
Noodle made definite plans after
he left Mohau," Murphy continued.
IT he could have purchased q news
paper Immediately in North Dakota,
1t would have been unnecessary for
him to 60 to Minneapolis. He never
would have gone to Minneapolis. He
kept track OF various business propo-
sitions in North Dakota-the Crosby
deal proposed purchase Of two news
papers by Moodie) was left open-the
Williston deal was left open. There
were two definite propositions before
he left for Minneapolis.
IF he had intention Of remaining
in North Dakota, he could not have
had any intent to establish q resi-
dence elsewhere.
II You Believe Him.
III you believe him and the testi-
mony Of corroborative witnesses"
Murphy told the court. '.IIe is quail
fled to be and to remain governor Of
North Dakota"
Noodles going to Minneapolis,
Murphy insisted, was simply a re-
suit Of . question as to where work
Of obtaining newspapers could be
done to the most advantage"
Murphy ridiculed opposing conten-
ton that the words IF he could"
with relation to Noodles efforts to
obtain . newspaper In North Dakota
reflected IN adverse state Of mind
with regard to intent.
III he could-that determines every
act Of every man since time began"
he declared.
During the time Noodle was in
Minneapolis, Murphy told the court,
he sent q man to North Dakota and
paid half Of his expenses to investi-
gate possibility Of purchase Of news
papers In North Dakota. That was
pursuant to his plan always in Min
neapolis-an intent that remained
always with him."
Actions Best Proof
Noodles actions In seeking to pur-
chase North Dakota newspapers
speak more loudly than affidavits
made under Misrepresentation Of the
law" Murphy cortended, referring to
the registration to vote by Noodle.
To the claim 1t was necessary for
Noodle to constantly maintain q
fixed abode In North Dakota to MAIN
tain his residence in this state,
Murphy countered with the claim Of
"nonsense-it is not necessary to
have . fixed abode-the law protects
on that. It is the place where you
have lived that remains Is your place
and domicile. You never lose your
statewide citizenship. The laws does
not require useless ceremony MOI
useless performance"
Murphy admitted voting Is evi.
|dence. Some courts-some misguided
courts-say It is conclusive. All court.
say 1t Is evidence that loses al sig.
nificance II facts and circumstance.
make It plain why 1t was done.
Tho explanation Of Noodle meet,
the test Of ruling Of the courts OF
voting.
Cites Minnesota Law
| HE voted without giving . thought
- to what effect It would have OF
his North Dakota residence. Wher
he voted he did not subject himself
to metaphysical reasoning. II he hae
gone to IN attorney he probabl,