The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1935-02-04
claim any benefit or privilege Of cit
izenship In North Dakota.
M0hall Move CITED

tzenship IN North Dakota.
Mohall Move Cited
1T u true Of course. that q person
may have two or more residences as
distinguished from q domicile, but the
word residence or resident when
used In the constitution or In the
statutes relating to the subject Of
voting and eligibility to office, juris-
diction in divorce. probate and ad-
ministration, etc., Is In nearly every
case synonymous with 'domicile.'
Nov, what are the facts to which
tbs law must be applied? Thomas H.
Noodle was practically all his life
engaged In the newspaper business,
He was Z legal resident Of Mohall,
North Dakota, In July. 1929, when he
sold his newspaper and wrote and
published Z beautiful farewell mes
sage to It's patrons and the citizens
Of Mohall generally, expressing many
fine and beautiful sentiments Of
goodwill and concluding with 4
statement that his future was in
definite.
HE stored part Of his furniture
in Mohall and part OF 1t at Minot,
North Dakota. He went with his
wife to Minneapolis and took up
residence in an apartment at 254S
Blaisdell Ave., where he remained
for q period Of one year and nearly
eight months. During that time and
after he had been at this place for
q period which lawfully entitled
him to vote. he registered as . voter
as required by the laws Of the
state OF Minnesota, voting at the
primary and at the general election
In the fall for state and county Of
fices In the state Of Minnesota.
Tax Return Factor
"fIe filed q federal income tax re-
turn giving his residence Is 2545
Blaisdell Ave-, Minneapolis. The laws
Of Minnesota require . license to
fish and provide for . resident II.
cense and q nonresident license. Mr..
Noodle took out resident license and
gave his address as 2545 Blaisdell
Ave-. Minneapolis. When he returned
to North Dakota in 1881 and became
resident Of Wllliston in answer to
the question In his state income tax
return, VIZ: Did you file an income
tax return last year?' he answered
No. not a resident. then
HE also made three applications
for automobile licenses In Minnesota
while there. giving his place Of resi-
dence 2545 Blaiscell Ave-, Minneapolis.
The automobile applications We do
not consider very important. Is non-
residents, after certain limited time
are required to take out an autoEho-
bile license.
However. they are admissible for
what they are worth Is evidence Of
intention.
AS against these physical facts are
the statements Of the witnesses to
whom he talked when he went to
Minneapolis an6 to whom he said he
intended to purchase q paper In North
Dakota and return to that state
Alien Charge Eliminated
Only one reference was made by
the court to the charge that Noodle
was not q citizen which had been
leveled against him, then Withdrawn.
The court said. "a written stipulation
that Mr.. Noodle Is q citizen Of the
United States vas filed, leaving only
the question Of his constitutional
qualification as to residence"
In detail the court reviewed Moo
dies many travels throughout the ma
ton. as Z working newspaperman.
when he lived in q town or city
long enough to entitle him to vote.
he voted, and there never was any
question about the legality Of his vote
or his right to cast the same.
THE term resided Is used In the
constitution means having legal resi-
dence; that Is, = residence emitting
one to vote or to hold office In the
state Of North Dakota.
Residence Is defined by section Il,
compiled laws Of 1913, and the parts
OF section II which are applicable to
the facts In the instant case are Is
follows: Section IL: Every person
has in law . residence. In determine
ing the place Of residence the fol-
lowing rules are to be observed:
II. It Is the place where one re-
mains when not called elsewhere for
labor or other special Or temporary
purpose and to which he returns in
seasons Of repose.
-. There can be only one RESI-
dence.
Residence Lost Gained
g. A residence cannot be lost un.
til another Is gained.
=. The residence can, be changed
only by the union Of act and intent.
In other words every person has
in law . residence where such person
remains when not called elsewhere
for labor or other special or temporary
purpose and to which he returns In
seasons Of repose: that he can have
but one residence and the enc resi-
dence to which he Is entitled he can
not lose until another Is gained: that
is, leaving his place Of residence Is
not abandonment unless he establish-
es another, and . new residence can
only be established by the union Of
act and intent: that =. there must
be IN actual change Of residence. to-