The Bismarck tribune., 1935-01-24
GOVERNOR ON STAND
TO REFUTE CHARGES
Of INEL|c|BILI7Y
Prosecution Produces State In.
come Tax Return Filed in
Minnesota
MILL CITY VOTE SHOWN
Executives Counsel Bases Case
on Grounds Residence Was
Temporary
MILL CITY VOTE SHOWN

a StoVc AuCOIuS YAK IStu<u, III WI1C0
Governor Thomas H. Noodle said he
was q resident Of Minnesota In 1880
was introduced Thursday in the gov
ernor's disqualification hearing be.
fore the state supreme court.
Noodle. called to the witness stand
identified the tax return as one he
made out for his 1881 income.
In answer to a question as to
whether he filed a return for 1880
In North Dakota. Noodle, In reply
to a question on the income blank
answered In the negative. explaining
he was resident of Minnesota dur.
ing that year.
The tax blank was offered by thu
state in its effort to show that Noodle
Is ineligible to serve as governor on
grounds he was not a resident of
North Dakota for five years next pre-
ceding his election, q constitutional
provision.
Records Show Vote
Records showing that Noodle ana
his wife voted in Minneapolis In 1880,
originally the basis for the disquali-
fication suit. were introduced b.
Francis Murphy, special assistant at
torney general. who, with Attorney
General P. o. Sathre. is prosecuting
the action. The income tax return
was entered as new evidence which
had not been produced in previous
proceedings.
Noodle readily identified the exhib-
its. His counsel base their case chief.
ly on grounds that while Noodle lived
in Minnesota in 1880 his residence
was temporary and he never Intended
to give up his North Dakota residence.
The state supreme court began
hearing the tissues Of fact" involved
in proceedings challenging the chief
executives right to office at 2 D. N.
The hearing, originally set In the
district court, but returned to the
higher tribunal because Of expected
difficulty in obtaining an unpreju-
diced jury, is expected to pave tho
way for q quick determination Of
Noodles qualification.
Vote Basis for Charxo
Attorney General p. q. Satl,re. ri
behalf Of the state. charges tlaat
Noodle. by voting in Minuapolis In
1880, fails to meet the state constitu-
tional provision that Z candidate 70,
governor be . resident Of North Da-
kota for five years next preceding
his election. Noodle claims he never
intended to give up his residence in
this state.
The action is q quo warranto pro-
ceeding in which Noodle must show
by what right" he holds office.
A court room crowded to overflow
ing was on hand as the hearing
opened.
M. w. Murphy. Fargo, and c. J.
Murphy, Grand Forks, appeared for
Noodle.
In recent public statement a.
well as privately Noodle has ex-
pressed complete willingness to sub
NIT any interest Of his to fair judi-
cial determination by the courts.
This also expressed the attitude OF
Lieutenant Governor Walter Wexford,
who presumably would succeed
Noodle in office in tho event Of his
disqualification. Wexford declined to
make q hurried application for the
title Of governor following the recent
move to impeach Noodle in the house
OF representatives and has made it
clear that he viii lay claim to the
governorship only II the orderly pro-
cess Of law gives him undisputed title
to 1t.
When the court will decide the
matter is problematical. Indications
were that the hearing will be COM
pleted Thursday afternoon and the
usual course Is for the judges to taxa
the matter under advisemeut. This
viii be particularly necessary IN this
case since they will be sitting both
as judges Of the law and jurors to
try the facts Of the case. Indications
are that it viii be next week before
the decision Is made public.