The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1935-01-15

Inc resolution dled Tor want o. q
second, but was greeted with mirth
by the house members, and humor-
Gus explanations by some.
It'll have to 60 to Kentucky for
my proof" complained H. F. ME-
woehner Of McHenry.
III move the words house of rep
resentatives be stricken out and the
name Of Mr.. O'Brten be substituted"
McIlraith suggested.
The chair pounded for order.
1T becomes apparent" Burke an
nounced, smilingly, that certain
members are more considerate OF
themselves than Of governor
Noodle"
Burke Reads Letter
Burke read letter he had written
Satire asking tor an opinion on
whether the court action against
Noodle would affect the official acts
OF the legislature, and whether the
'.presumptive uncertainty" as to
Noodles future status would affect
the legality Of his acts as governor.
Sathre's reply holding Noodles
acts during tendency OF the action
to be valid and that the court action
would not affect the acts Of the leg
islature was also read to the session
by Burke, together with an affidavit
by Satire that he was satisfied that
Noodle was citizen.
Burke's motion to have his letter,
sathre's reply and affidavit printed
In the house journal, was passe d
unanimously, Goodwin announcing he
wouldn't object to 1t.
With that decision, the house
plunged into heated debate that
brought sallies of applause from the
crowded galleries, intimate debate
between members and pounding Of
Speaker william Crockett's gavel as
he sought to bring order. Twice he
warned spectators to be quiet, once
threatening to clear the galleries.
From e. J. McIlraith came sum.
nation Of what majority members
expected to receive as proof Of citi-
zenship."
Noodle should show the name Of
his mother: the name Of his father.
where they were born and how they
obtained their citizenship" McIlraith
declared. "They viii show how he
, obtained his citizenship"
"WeM not put Noodle on the rack
we're not court Of inquiry-we're
Just respectfully requesting proof Of
Noodles citizenship" Mcllraith as
serted.
The parliamentary storm ragged
over the right OF the legislature to
| inquire into facts concerning Moodie's
| citizenship.
Sathre's Statement Clear
An attempt early In the struggle to
end debate by calling for the previ-
Gus question, failed when the neces-
sary two-thirds majority could not
Be mustered.
The battle flared anew.
Sathre's statement. read into the
record by Burke, told the members
II have your letter Of January II.
asking for IN opinion upon the fol-
lowing questions: a. In what man
ner, II ct Ill, can the pending court
proceedings attacking the qualifica-
tons Of Thomas H. Noodle to hold
the office Of governor Of the state
affect the official acts Of the legis.
|lative assembly? ca Does the pre-
sumptive uncertainty which may b
said to exist Is to Mr.. Noodles fu.
ture status In any way affect the
legality Of his acts as governor Of
this state? I shall answer your sec.
lond question first.
The letter then refers to the fac
that Noodle received the highes
number Of votes. received his certifi'
cate Of election, took his oath and a.
sumed office.
Noodle De Facto Governor
IAN action Is now pending in TIL
] supreme court Ira which Mr.. Moodiei
right to hold the office of governo
y challenged on the grounds tina
!. he Is not eligible under section q o
. the constitution.
! Mr.. Noodle having enterel
upon the discharge Of the duties o
; said office has q prima facie RICH
} to the office and In any event = q
] officer De facto. The general rul
D Of law Is that person will be he'll