The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1935-02-04

supreme court. Noodle then was
granted his election certificate, and
took office January 8.
The governors political foes, failing
In their first attempt to prevent him
from assuming office, oentered on q
new attack-quo warranto proceedings
to compel Noodle to show by what right
he seeks to assume the governorship.
The attack was based on the same
grounds involved In the restraining
action-allegations that he failed to
meet the residence requirement Of the
state constitution.
Supreme Court Takes Hand
The supreme court decided to take
Jurisdiction In the quo warranto pro-
ceedings and 1t was hoped Noodles
qualifications would be determined
before he took office.
A new charge, however. was hurled
by his opponents, challenge ques-
tioning Noodles United States citizen
ship. This allegation subsequently
was withdrawn, after Attorney Gen.
eral p. o. Satire, prosecuting the
action with the assistance OF Francis
Murphy. Fargo, special assistant at
torney general, informed the court he
was satisfied" Noodle was . citizen.
The supreme court sent the case to
the district court for trial Of the
issues Of fact" before q jury. Judge
G. w. Butte Of the Ramsey county
district court was appointed to pre-
side.
Meanwhile the majority faction In
the house, expressing impatience with
the courts delay in deciding the case,
began movement to impeach Noodle.
Impeachment Incomplete
An Impeachment resolution was sub
mitted to the house and adopted 60
to So. Suspension Of Noodle to await
trial In the senate, however, failed to
nlaterialize when the attorney gen.
eral ruled the impeachment was elm
complete" that the action Of the as
sembly was only the first step in I'M
parchment proceedings.
Appointment Of board Of man
ayers, composed OF five house men,
bers, was made, and In their hands
was entrusted the task Of drawing ar
ticles Of impeachment. Majority
leaders were prepared to rush through
the articles to complete" impeach-
ment, with a view OF suspending Moo
die and placing executive authority In
the hands Of Lieutenant Governor
Walter Wexford.
Judge Butte, In the meantime, in
formed the supreme court that senti-
ment stirred up by the impeachment
action made 1t practically impossible
to obtain an unprejudiced jury In any
county Of the state, and recommended
that the higher court take direct
charge OF the disqualification proceed
ings.
High Court Remands Case
The supreme court quickly assented,
and conducted hearing. The court
sat, in effect, as both jury and an
appellate court.
For two days, attorneys argued the
case, completing hearing January Is.
The court immediately took the mat
ter under advisement.
The effect Of the high tribunals
decision to take charge Of the hear
ing was to cause majority house lead
ers to hold in allegiance further I'M
parchment action, to await the out
come Of the court proceedings.
Deposed Governor william LANCER,
himself busted by the court following
his federal court conviction last sum-
mer. was regarded as the driving
force behind both the disqualification
and impeachment movements. LANCER
had insisted that majority leaders pro-
coed rapidly in pressing impeachment
proceedings against the man who de-
feated hts wife In the November elec-
ton.
LANCER had won the Republican
nomination for governor in the June
primary election, two days before he
was sentenced by Federal Judge An
drew Miller to 10 months imprison-
ment as . result Of his conviction OF
conspiracy to solicit political contribu-
tions from federal workers.
People Denounce Tangerism'
Ousted by the courts from the gov
ernorship, he Withdrew from the elec-
ton race and dictated the selection
Of his wife as his successor on the
ticket. The LANCER group, controlling
both the Republican Central Commit
tee and the Nonpartisan League or
gantsation. quickly threw support to
Mrs. LANCER.
The campaign. one Of the bitterest
In state history. brought support for
Noodle from many Republican lead
ers opposed to 'Langerism."
Acting Gov. Ole H. Olson, head Of
the anti-Lauger Nonpartisan League
group, and former Governor George F.
Shafer. leader OF the Independent Re-
publicans. were among Noodle sup
porters.
Noodle was the only Democratic
candidate to succeed Of election, the
LANCER ticket candidates taking all
other state offices.
The election, however, was inter-
preted Is . rebuke to "Langerism." In
view Of Mrs. Langer,s defeat. along
with three candidates for supreme
court judgeships, candidates for whom
the LANCER organization put up a Wig
orous fight. Anti-Langer forces
campaigned In behalf Of Judges w. L. |