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


q whole are so great at this time that
all my attention now and in the near
future will have to be devoted to them
leaving me no time to consider ap-
pointments. Those matters will be
cared for after the legislative session
has closed, or, at the earliest, when
the pressure Of important and neces-
sary legislation has been taken care
Of.
gether with an intention to make
such change.
1.-THE sole question Of fact In the
case is, did Thomas H. Noodle es-
tablish q legal residence In Minneap-
oils; that Is, was the union Of act
and intent to change the residence
from Mohall. North Dakota, and
establish 1t in Minneapolis, Minnesota?
The act Of moving to Minneapolis
from Mohall without any intention Of
returning to Mohall and the living In
Minneapolis with his wife at 2545
Blaidsell Ave. for q period Of one
year and nearly eight months are
conceded, so that the question Of fact
Is narrowed down to Mr.. Noodles
intention.
by the use Of the word intention
In the statute 1t Is reasonably clear
the legislature did not mean an UNI
defined or undetinable purpose on the
part Of the voter to return to his for
mer residence at some unknown time
during the course Of his life.
ITO entertain q doubtful, vague or
equivocal purpose to return does not
prove the fact Of intention as used
In the statute, when reasonably con-
strued In view Of the legislative OBJ
ject and the general law on the sub
ject Of domicile. That q person may
live In one voting district and do bus
mess there and at the same time re-
tain q right to vote in another dis
trict Is undoubtedly true: but the
right depends upon q reasonable in
tention to resume his former home
and to rebuff the presumption that he
had abandoned it."
LANCER Definitely Barred
Definitely barring LANCER from any
possibility Of assuming the governor
ship, by its opinion relative to Wei
fords succession, the court quoted
from It's ruling on the LANCER case
In support Of its Interpretation Of
Section II OF the constitution.
1T Is undisputed that Walter Wei
fnsi vvoe la0o III, a1a~tAa o~,d 10. .,,,o1
flied as lieutenant governor" the
court declared. Under Section 678
compiled laws, 1913, all state off,
GERS are required to qualify on OF
before the first day OF Monday OF
January next succeeding their cleo
ton or within 10 days thereafter.
when the time arrived for the
state officers elected at the general
election Of 1894 to qualify, Ole H
Olson was the acting governor. The
governor had been disqualified Estate
ex rel, Olson vs.. LANCER. 256 NV 377
N. d. and the disability resulting in
such disqualification still exists.
The lieutenant governor IS not
appointed to fill vacancy. No act
Is required on the part Of any off,
cial or governmental body to confer
upon him the powers and duties Of
governor In event Of the "impeach-
ment, resignation, failure to qualify,
absence from the state, removal
from office. or the disability Of the
governor"
Constitution Clear
His authority Is derived directly
from the constitution. From the
quoted language 1t will be noted that
q number Of specific instances are
set out by the general term .'or the
disability Of the governor. In state
ex rel Olson vs. LANCER, this court In
discussing the meaning Of this last
phase, said:
"'The word disability has rea-
sonably definite meaning. It means:
state Of being disabled; deprivation
or want Of ability: absence Of COM
petent physical. intellectual or moral
power; means, fitness or the like:
an instance Of such want or depri-
walton. Il connotes want Of legal
qualification to do q thing; legal In
capacity. In competency or dtsquali-
fication also an instance or cause Of
such incapacity. VT must presume
Of course that the words used by the
trainers Of the constitution were used
in their ordinarily accepted sense,
unless the contrary clearly appears.
Indeed, unless given the ordinary and
accepted meaning, disability would
have no place in this constitutional
provision
1.-THE lack Of residential qualifica-
lions Is q legal disability. The con-
stitutton does not differentiate be-
tween . disability existing before
election and done occurring after
election in regard to the right Of the
lieutenant governor to assume the
powers and duties Of the office Of
governor
Governor Noodle came into office
beset with troubles such as seldom had
harrassed an incoming governor.
Hostile Legislsture
He found himself In the midst Of
Z hostile legislature, . house definite
~ controlled by administration foes,
and Z senate in which no one faction
displayed . majority.
Impeachment proceedings in the
house and disqualification proceed
ines In the courts were weapons direct
ed ct him, while threats Of recall elec-
ton also were voiced.
Attacks were directed at the new
governor even before he took office.
The first move to unseat him. begun
more than . month before inaugura-
tion day, was proceeding to restrain
the secretary Of state from issuing
Noodle . certificate Of election.
A temporary restraining order was
granted, and then ordered vacated,
the decision being affirmed BY the