The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1935-01-18
e. o N TT N u E n
from page ono
Bitter Debate Is
Launched as Dahl
Offers Resolution

Niewoehner Bolts
Rep. H. F.. Newcomer, aligned
with the majority faction up to now.
bolted from the group, and came to
the defense Of Noodle.
He declared there were five con-
stitutional grounds on which I'm
parchment could be voted, and that
none Of them apply to Noodle. He
urged defeat Of the resolution, and
definitely aligned himself with the
minority administration group.
Goodwin claimed legislative bodies
had wide latitude In impeachment
proceedings.
They try to make you believe, by
inference" he said, that things set
forth in the constitution are all that
you can do" He cited court deci-
sions of other states on impeachment
controversies as supporting his argu-
ment.
Goodwin stressed section 9302 Of the
North Dakota code, indicating that
the majority will rely chiefly on the
charge that Noodle, by taking office.
usurped power when he allegedly
knew" he was not qualified to serve.
Ed p. Cosgriff charged thai new
members Of the house are being asked
Ito follow a small group for purely
political reasons" as he vigorously
urged defeat of the impeachment pro-
posal.
Urges Vote Convictions
Il urge you to vote your honest
convictions and the dictates of your
own conscience" he said. II you
do you will vote against this resolu-
ton"
He declared members came to the
legislature to represent "all the peo-
pie Of the state" and not as Demo.
Gratis. Nonpartisans, Independents or
Republicans.
Rep. Thomas J. Burke, Bismarck,
young Democratic leader, charged
that behind the impeachment move Is
an attempt to put the state back In
the hands Of spoilsmen."
The roll call showed ll2 Of the ll3
members present. Absent was Repre-.
sentative Dahl OF Trail.
More than 500 persons were jammed
into all available space In the gal
leries.
After the roll call the order Of BUSH
ness was reading Of communications
received by the house.
Planned 1t Caucus
Impeachment of the court also was
discussed at secret caucus
Thursday night, but no definite action
was taken, although approval was
given to the plan to impeach Noodle.
The statute provides for q penalty
Of from three months to two years i'm.
prisonment, ana fine Of from $50 to
$500 for persons who shall falsely as
sumo or pretend" to assume state,
county or township office"
Statute Quoted
The statute reads:
Every person who shall falsely as.
sumo or pretend to be any state, coun-
ty or township officer. or who shall
knowingly take upon himself to act as
such, or to require any person to act
as such, or assist him in any matter
pertaining to such office. shall be
punished by imprisonment in the
county jail, not more than two years
nor less than three months, and by
fine not exceeding $500 nor less than
$50"
Violation Of the statute would be al
legged on grounds Noodle knew he was
not qualified to take office because he
voted In Minnesota In 1890, and Is not
. citizen Of the United States.
Pending In the state supreme court
now Is an action based on grounds
that Noodle fails to meet q state con-
constitutional requirement that q cam
didate for governor be resident Of
North Dakota for five years next pre-
ceding his election. The charge that
he is not a citizen Of the q. s. was
Withdrawn by the attorney general who
has informed the court he Is "satis-
fled" Noodle, who was born In Can
ada, Is q citizen.
s. of Faction Present
From reliable sources it was learned
that only So members Of the majority
group were present at the caucus.
The impeachment proposal was
voted In caucus by ballot of so to
three, various informants revealed.
The balloting came after deter
mined battle to prevent the impeach-
ment action. led by q small bloc Of in
surgents. Ffty-seven constitute q
majority vote in the house.
Although less than a house major
ity was present at Thursday nights
caucus. leaders were confident of sue
cess Friday.
More than half Of the insurgents
swung over to the impeachment pro-
posal, it was learned, while leaders
anticipated the remainder OF their
strength would come from those pledg-
ed who were not present at the caucus,