Evening star., 1935-02-03
NOODLE OUSTED
IN NORTH DAKOTA
Ruled Ineligible to Hold Gov.
ernorship by Court-WeI.
ford Takes Oath.
By the Associated Press.

BISMARCK, N. OAK, February q.
A decision Of the North Dakota Su-
preme Court today turned Gov
Thomas H. Noodle out of the Office ne
had held less than a month and des-
ignated Lieut.. Gov. Walter H. Wexford
his successor. He took the oath OF
Office soon after the decision was an
nounced.
Ruling on q quo warranto action,
the high court held Noodle ineligible
for the governorship, on the ground
that he had voted, and thereby estab-
lished residence, in Minnesota in
1890.
Noodle, the second Democrat ever
to win the chief executives post in
this normally Republican State, i'm
mediately acquiesced in the decision,
and called upon all citizens to CO.
operate with his successor. Acting
Gov. Wexford is a member Of the Nom
Partisan League which assailed
Noodles election.
Month Of Political Strife.
A provision Of the State constitu-
ton, designed to bar carpet baggers
years ago, was the fulcrum which
lifted Noodle out of the gubernatorial
chair by the courts verdict and gave
victory to the foes who made his
months incumbency and the month
previous q period Of intense political
strife in the State. Two court actions
and initiation of impeachment pro-
ceedings with the Legislature were the
weapons turned against the Demo-
cratic Governor.
The constitutional provision re-
quires candidates for Governor to
have lived in the State i've consecu-
tive years before election.
The court decided that the Novem-
ber election was legal nullity, inso-
far as the election Of Governor Is
concerned" It held specifically:
That Walter Wexford, Lieutenant
Governor, becomes acting Governor
for the balance of the term to which
Noodle was elected.
Acts in Ofice Valid.
That Noodles official acts while
in Office are valid.
ut is the duty Of Mr.. Noodle to
surrender the office Of Governor to
Lieut.. Gov. Wexford" the court de-
clared. Though Mr.. Noodle is not
entitled to hold that office, neverthe-
less no question can be raised as to
the validity of the official acts per-
formed by him. Under the wise pro-
visions Of the law every act so done
is valid and effective. He was clothed
with prima facie title to the office.
1.-The application for the writ must
be granted: it is assumed the respond
ents will act in conformity with this
decision without the issuance Of a
formal writ"
No Reflection on Noodle.
The court took pains to make 1t
clear that there was no reflection on
Noodle in its action.
There Is nothing in this record, u
the court said, which reflects in any
way upon Mr.. Noodle. He violated
no law and did no wrong.
"His trustfulness was apparent 10
every one. He answered all questions
without hesitation when the answers
were unfavorable as well as when
they were favorable"
Little more than half an hour after
the courts decision Wexford was
called to the executive Offices by
Noodle, Who yielded the office. The
two men chatted for a short time
after which the outgoing Governor
left the capitol
Wexford pledged himself to giving
his best efforts to solution Of the
States problems.
IT now am being made responsible
for an Office for which would never
have been q candidate by my own
choice" Wexford said.
Appeals to Citizens.
'In taking this Office, however, my
obligation Is to all Of the citizens oi
the State. The burdens will be heavy
and hard to bear and I might say
can bear them only II may have the
peoples faith and whole hearted sup
port"
Noodle. a newspaper man, admit
ted in hearings before the court that
he had voted in Minneapolis, MINI.
while temporarily employed On q
newspaper there. He asserted, how
| ever, that he considered North Da-
kota his home and had no intention
of giving up his citizenship in that
State.
II have no complaint to make OF
the decision of the court" said
Noodle. His policy during his brief
term in dealing with q Legislature
opposed to him had been conciliatory
and designed, he said, to reach peace
full settlements In controversies.
"It (the court decision) is arrived
at after full consideration of the law
and the facts in an orderly manner
1t is satisfactory to me and is accepted
cheerfully. It should end the turmoil
which the State has recently expert
enced. It is my hope that it will"