The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1935-01-18
'h|OOD|E TO fight
EFFORT TO REMOVE
Him FROM OFFICE
Indications Are That lmpeach-
ment Would Mean Anoth.
er Battle in Courts
BARS POLITICAL TRADES
Warns Followers Against Offer.
Ing Jobs or Patronage to
Obtain Votes
BARS POLITICAL TRADES

II impeachment charges are filed
against Governor Thomas H. Noodle
he will not give up the office, even
temporarily, without q fight.
This was made plain Friday by per-
sons close to the executive following
reports that the Nonpartisan caucus
had voted to file articles Of impeach-
ment against him.
The probability is, 1t was disclosed,
that house Democrats will fight to the
bitter end II the resolution Is intro.
duced.
In the event Of its passage, Noodle
probably viii throw this attack into
the courts by refusing to leave the
office. This section Of the constttu.
ton has never been interpreted Ia
North Dakota and his lawyers ore
understood to have advised him Ia
'sit tight"
Thus another situation might be
presented to the courts Of the state
for their decision.
Some Of Noodles supporters were
said to have been disappointed Thurs
day when, at conference, he advised
them that he would sanction no po-
utical trades in an effort to halt the
proceedings against him. His view, It
was said. Is that North Dakotas gov
eminent has had entirely too much Of
that sort Of thing already, that the
constitution prohibits the governor
from exercising coercion upon the
legislature by promises Of Jobs or other
favors and that he viii abide by it,
terms.
Will Observe Consultation
Further, 1t was reported. II proof Il
offered him that anyone under his
control or Jurisdiction makes . trade
or offers to make . trade and salts
factory proof Is offered him he will
remove that person from office III It u
the last thing I do"
Meanwhile. talk Of recall actions
directed against some majority men,
bers Of the legislature continued to
grow but there seemed little prospect
that such action would be taken.
Noodle has opposed it and even its
advocates admit that 1t would be in
effective since the present session Of
the legislature would be over before
petitions could Be signed. vote or.
dered and the returns formally counted
and certified.
Noodles personal position was said
to be that the matter. as Is true Of all
public issues, can be decided finally
only by the people: that many Of his
political opponents are probably sin.
cere in their attitude but that they
are being misled by . bunch OF po-
utical racketeers.
See Ultimate Victory
Democratic leaders were confident
that impeachment charges would not
be sustained by the senate and
pointed out that the filing Of charges
does not mean they are justified or
even that those making them believe
them to be justified.
In the event Of impeachment there
Is q possibility that an effort win be
made In the senate to dismiss them
without trial on the ground that they
do not meet the requirements for i'm
parchment Is set forth in the consti.
tuition. The section providing for
Impeachment provides that an cleo.
tive official may be impeached only
for misfeasance, malfeasance or non
feasance in office, that Is, for perform.
ing q legal act in an unlawful way.
for doing IN illegal act, or for fail
ing to properly perform the duties Inn
posed upon him by law.
Since an attack on his citizeuship Is
q matter for final determination by the
courts. not by the legislature. and does
not como under the grounds for i'm.
parchment listed In the constitution.
it Is probable that the senate would
be asked to hold the charges defective
and throw them back to the house
without trial.