The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1935-01-28
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Two Technicalities
Anyone who has given attention to
the evidence in the Noodle disquali-
fication case and the arguments on
the law of residence made by rival
attorneys cannot fail to reach the
conclusion that it is purely battle
Of legal technicalities.
The main issue, as 1t relates to the
welfare OF the people, is far removed
from the entire matter as presented
in court.
To begin with, the attack on
Noodles qualifications is entirely
technical in its nature. No one con.
tends that the governor = not quail
fled to properly I'LL his position or
that he fails to meet the standard
which the constitution makers had In
mind when they set up the five-year
residence requirement. He has been
familiar with the state at varying
intervals throughout the last genera
ton. For Ill but 81 months OF the
last 10 years he has been continue
ously present within its borders.
It u obvious that he meets the spirit
Of the constitutional requirement.
The attack is made on the basis that
he cannot comply with the letter.
The defense is Just as technical In
Its nature. There Is no disposition
to contend that, when the coustitu-
ton says five years 1t means any,
thing else. The effort Of the defense
is not to evade the obvious meaning
OF the constitution but to call into
play the law Of residence, and the
numerous issues In which It has been
held that voting was not conclusive.
in the effort to obtain : favorable
Interpretation Of 1t. Since the con-
stitution must be interpreted In the
light of supplementary statutes, they
took advantage Of the opportunity to
meet one technically by calling upon
another.
The statute itself seems plain
enough but opposing lawyers stress
different parts Of 1t.
One Of its provisions is that resi-
dence can be changed only by union
OF act and intent. Noodles sttor.
reys took pains to point this out and
to match with 1t undisputed evidence
that. while living In Minneapolis In
1880. Noodle regarded himself . .
temporary sojourner there and con.
tinuously intended to return to North
Dakota. This contention, Of course.
IS bolstered by the obvious fact that
he did return.
The prosecution directed It's atten.
ton to that part Of the law govern
ing residence which defines It Is the
place to which . man returns In
seasons Of repose." Its contention
was that he could not return to this
state for q season Of repose because
he admits he had no intention Of
returning to Mohall when he left
there in 1929.
It seeks to infer from its evidence
that Noodle had no intention OF re-
turning to this state ct Ill and hence
forfeited his residence here.
Since the great mass Of court de-
cisions, In states with laws similar to
ours, holds intention to be the con-
trolling factor. both sides ct the trial
endeavored to meet the issue on that
ground. the prosecution BY drawing
differences from certain documents
and the defense by circumstantial
evidence ana the presentation Of d.
rect statements on the subject.
Thus, in reality, I'll Of the evidence
was directed to helping the court
ascertain what went on In Noodles
mind, both when he left this state
and while he was physically absent
from 1t.
II the two sets Of attorneys are cor
rect in their presentation q the Law
and they seem to agree upon In
tention as being . controlling factor
the supreme court win decide THU
issue upon . matter - evanssceut ~
that.
To some this may seem highly tech
meal: 70 others Il Win appear un.
just: but . rational view WIN prove
the soundness Of The Law. Were u
otherwise. anyone called away o.
business o. pleasure and unexpected.
" detained Tor a apprsciabls periot
Of time might loss his rights Of citi-
senship.
The value q thsse rights % thu
average man = Clearly Indicated BY I
glance at the cases . which attegnsyl
made reference IN their argumsnts
And IN passing Il might b noted
that In some instances each side r.
the Noodle ease cited the same peoce.
dents but drew differing infsrencel
from than.
Few q these cases referred 70 20
Aticsl rights. Mott q than pertain
&c