The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1935-01-26

the tive supreme court Judges
that the question was one OF fact.
whether they choose to believe Noodle
and the individuals who gave depo-
sitions for him or to attach undue sig
nificance to a series OF perfectly nat
ural acts.
The case was to 60 to the supreme
court, which sits both as . jury to try
the facts and as judges to apply the
law, late Saturday afternoon after
Attorney General p. o. Satire closes
the argument for the state.
An early decision is indicated, the
judges already having expressed their
belief that the case Is one Of utmost
Importance and one meriting their
undivided attention until 1t is COM
pleted.
G. J. Murphy. attorney for Noodle
completed his argument for the re-
spondent in the case and was follow
ed by M. A. Hildreth, Fargo, asso-
ciate counsel. Hildreth still was
speaking at noon and was TO continue
after the recess. He was to Be fol-
lowed by Attorney General p. o.
Satire. who will close for the state.
As was the case Friday, o. ]. A,r.
ply hammered away ct tho testi-
mony in the case, matching It up with
legal precedents advanced by the re-
spondents in defense Of their cause.
Cites N. D. Gases
Among those mentioned were sew
eral North Dakota cases in which IT
was held that the act Of voting did
not determine residence beca use
there was no union Of act and IN.
tent.
One was a poor relief case In which
a man claimed aid from one township
but was found to have voted in an
other. It was explained that his
work as q farm hand was seasonal,
that he happened to be in the strange
township at the time Of election and
voted there but that he never In
tended to change his residence. The
court held his residence, for poor
relief purposes, was the place where
he intended it to be.
| Citation also was made Of q ter
ritorial case In which q farmer
moved to Fargo during the winter to
put his children in school. He voted
in the township where his home
stead was in the fall of 1885 and in
Fargo in the spring of 1887 but tho
controversy arose when his children
were denied adn1ittance to the Fargo
schools without payment OF tuition
i'll the fall of 1887.
Emphasize Legal Theory
The court held that he had TO pay
l k,Siti Cd -
there. AS to the mans voting in
Fargo the territorial court held that.
if the vote had been challenged and
refused and the question came before
the court 1t would have been decided
against him under the evidence and
that 1.-The fact Of his voting unchal-
lenged is, therefore, Of no import
ance.'
Since the chief contention Of the
REALTORS in the Noodle case is that
Noodle established residence there
by voting. the defense laid special
emphasis upon this theory Of the Law.
Other decisions holding that voting
is merely evidence of intent and is
not conclusive were cited and stress
was placed upon the fact that Noodle,
during the time he lived In Min
neapolis, continuously intended tn
return to North Dakota and never
changed that intention.
G. J. Murphy said he didn't even
care whether Noodle intended to re-
turn to North Dakota or not. that as
long as he did not intend to remain
In Minneapolis permanently he re-
tanned his residence in North Oa.
kota.
In Saturdays discussion, G. j.
Murphy gave considerable attention
to the law relating to the time fac
tor Is regards intention in establish
ling residence.
Francis Murphy had contended that
Noodles plans were 50 indefinite
when he went to Minneapolis in 1929
that it amounted to remuneration Of
his North Dakota residence.
Plans Were Definite
G. J. Murphy retorted that his plans
were definite but that the time for
accomplishing them was necessarily
indefinite and dependent upon the
time In which he could cousummate
q deal for another Newspaper. The
fact that he continued his interest
in returning 70 North Dakota md did
finally return WaS advanced - con-
elusive proof Of both the temporary
character az his living IN lGinneeota
and the definitene1s Of his Intention,
: He asked the court 10 distinguish be-
J, tween 1ndefiniteneGs arising from tho
. lack Of future plans and indefinite-
meas arising because Of delays IN cons