The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1935-02-04

Welfo1
, Ia entire good faith, believing tina
they had q right to determine To-
themselves their voting residences
- distinguished from their homes
based upon some popular impres'
sious which have found their justi'
fication In the determination Of tn
court In People ' Plat, lit N. z
l5o. ~ N. Z. s37 80.
Nearly Always Synonyuaoas
1T = true, Of course. that . per.
|son may have two or more resi-
dences, as distinguished from domi'
cile (Bischoff Y Bischoff, 30 App
DIV. l26, IS N. p. Supp. 81. and
authorities there cited; but the
word residence or resident wher
fused In the constitution, Or In thu
statutes relating to the subject Of
voting ana eligibility to office. jur.
isdiction In divorce, probate. and ad-
ministration, ETC., - In nearly every
case synonymous with 'domicile.
Cincinnati, H. b D. r. Co. Ives
Is N. r. Supp. SOS, and authorities
there cited: BELL ' Pierce, 81 N. Y,
II, II: Barney De Nell, 40 N. 7.
48S. lol, a N. Z. oo6, II Am. st.
Rep. e52."
Now, what are the facts to which
this law must b applied? Thomas
H. Noodle WAS practically Ill his
life engaged In the newspaper busi-
ness. He was . legal resident OF
Mohall, North Dakota In July, 1879,
when he sold his Newspaper and wrote
and published . beautiful farewell
message to It's patrons and the citi-
Sens generally Of Aohall, expressing
many fine and beautiful sentiments
Of good VIII and concluding with .
statement that his future was In
definite. He stored part Of his fur
niture In Molaall, and part Of 1t at
Minot, North Dakota. went with his
wife to Minneapolis and took up .
reAdence In IA apartment ct 2545
Blaisdel ave, where he remained TOR
period Of one year and nearly eight
months. During that time and after
he had been Of this place for . per-
iod which lawfully entitled him to
vote. he registered - . voter Is re-
Quired By the laws Of the State Of
Minnesota, voting at the primary
and ct the general election In the
fall for state aud county officers In
tho State OF Miunesota.
Tax Return CITED
He filed Z federal income tax re-
turn, giving his residence a. 2545
|Blaisdell ave-, Minneapolis. The laws
Of Minnesota require license to fish
and provide for q resident license
and . nonresident license. Mr..
Noodle took out q resident license
and gave his address Is 25l5 Blais.
dell ave-, Minneapolis, Minnesota.
When he returned to North Dakota
In 1891 and became q resident Of
Williston. In answer to the question
In his state income tax return, viz:
did you file an income tax return
last YEAR," he answered mo. not .
resident then" He also made three
applications for automobile licenses
in Minnesota while there, giving his
place Of residence, 25l5 Blaisdell ave-,
Minneapolis. The automobile applica-
ton We do not consider very i'm
portaut, - nou.residents, after q
certain limited time, are required to
take out an automobile license. How
ever, they are admissible for what
they are worth as evidence Of iuten-
ton. As against these physical facts
are the statements Of the witnesses to
whom he talked when he went to
Minneapolis and to whom he said
that he intended to purchase . paper
In North Dakota and return to that
state. We think from the whole rec
ord that Mr.. Noodle did intend to
return to the state Of North Dakota
sometime. His testimony, his state
ments to the witnesses in Minneapolis
and the fact that he did return oil
indicate an intention to return some
time. On the witness stand his truth
fulness was apparent to everyone. He
answered all questions without hest
tation, when the answers were un.
favorable Is well Is when they were
favorable. He stated that his plans
were indefinite when he left Mohall;
that within . week from the time he
sold his paper ct Mohall he began
negotiating for 1.-THE Williston Her
add; that he left Mohall not intend
Ing to return to Mohall: that his en-
ployment with the Tribune was tenn
porary: that he wanted to get into
business for himself, preferably In
North Dakota, II he got . good buy.
His truthfulness and candor on tho
stand were recognized and acknowl-
edged by the attorney general in his
argument. It is true that Mr.. Noodle
stated that he was asked to vote In
Minneapolis and he thought no had Z
right to vote Is he had lived there for
the lawful time and that his voting
there would not affect his residence In
North Dakota. But his registering
and voting in Minneapolis were In
harmony with his custom Of voting
wherever he was on election day II
he had been In the state and election
precinct long enough to cast Z legal
vote. Il Is quite apparent from his
record. that while Mr.. Noodle had
IN intention to return sometime to
North Dakota, he had the intent
when he registered g Z voter In
Minneapolis to cast his vote as he
had always cast It and that he did
not intend to exercise any rights Of
citizenship In North Dakota while
he was In Minnesota but intended
to exercise them In Minnesota. He
knew that North Dakota had an
absent voters ballot law: but he did
not attempt to vote by absent ballot
and did not In any way claim any
benefit or any privilege Of citizenship
In North Dakota.
Legal vete intended
A. stated In the case Of Dickiu.
son '. Brookliue, lSl Mas, ct page
100. 8 N. =. 33l, when you intend
the facts to Witch the law attaches .
consequence. you must abide the con.
sequence whether you intend It or
not"
MI. Noodle Intended to cast q legal