The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1935-01-28
NOODLE CASE TAKEN
UNDER ADJUSTMENT
BY SUPREME court
Sathre's Arguments Conclude
Hearing Saturday; Quick
Decision Expected

justices the future political LIE o.
North Dakotas governor. Thomas H
Noodle. was placed late Saturday. A
decision is expected some time nex1
week.
Claim and counter claim OF the
eligibility of Noodle were finally sub.
mitted to the court. with stirring
closing declaration BY Att. Gen. p
| O. Satire that whatever the decision
will be, 1t will be a decision that will
square itself with eternal justice"
As the five jlstices-four veteran
jurists and newcomer to the bench
James Morris-took their decision
under advisement Noodle relaxed
sat In his office a floor below.
Whatever their decision may be
will be acceptable to me-" Noodle de-
clared. 1.-THE facts are in now. The
truth has been presented to them.
Ready for Decision
IT I am disqualified. I shall leave
this office willingly. quietly and
gracefully. I shall wish to my sue
cessor all the success the position
deserves.
If am qualified by the decision
well, I shall be governor as far as
abilities will permit"
Satire stressed the importance OF
the case, and disclaimed any person
al interest" In the outcome.
He told the court In closing his
argument he possessed mo feeling
against Mr.. Noodle whether he pre-
walls or not in this action"
Satire arguments ended day
which saw Noodles intent and de-
sires at the time he left North Da-
kota with reference to his returning
to the state interpreted In detail by
his counsel, G. J. Murphy.
Noodle. the state claims, Is In
eligible to act as governor because
he voted In Minneapolis in 1890, in
violation of a constitutional provision
requiring q candidate for office to
have been a resident for five years
next preceding his election.
The governor left the state in 1929,
going to Minneapolis, returning in
1881.
Evidence For Noodle
Earlier in the day, M. A. Hildreth
and G. j. Murphy. attorneys for Moo
die, presented arguments in support Of
their claims that Noodle Is entitled
to remain as governor.
G. J. Murphy marshalled as evil
dence Of Noodles intention to return
to the state:
His assertions that he went to
Minneapolis solely to facilitate
purchase Of q newspaper, prefer
ably in North Dakota.
Testimony by Noodle that he
had under consideration pur-
chase OF two newspapers still
pending when he left for Minne-
spolis.
Claims by Noodle that he voted
In Minneapolis with no thought of
II affecting his North Dakota citi-
Ienship.
Testimony by Noodle that he
took out motor vehicle resident
licenses to comply with his UNDER
standing OF the Minnesota law.
Transfer Of church alliances by
Mrs. Noodle only after they re-
turned to the state.
Assertions by Noodle that his
stay in Minneapolis was pro-
longed because OF illness of his
sister.in.law.
The purchase Of . North Da-
kota newspaper and return to this
state.
Satire termed the hearing unique
case-the first time in my knowledge
In which the supreme court has sat
as q tribunal Of both facts and law
The court did so because Of the de-
sire not only on the part Of counsel
but OF the court for speedy decision
because 1t is imperative to the people
Of the state.
No Personal Interest
II am here as attorney general.
have no personal interest In this case
I am representing no clique or fac
ton or section Of party. am repre-
senting the people of the state ask
ing for an Interpretation Of Section
q Of the Constitution"
Section 70 of the constitution pro-
vides that q candidate for governor
must have resided in the state five
years next preceding his election, and
Is the crux Of the action.
The entire case, Satire said, re-
wolves around the question of intent
Noodles intent. which he claimed was
clearly shown" was to abandon his
residence in Mohall.
Satire maintained that Noodle
through his actions. established {
residence In Minnesota, and gave W
his residence in North Dakota.
Referring to the time Noodle spen
in Minneapolis, Satire said, I'VE fine
him, to all intents and purposes, ex
ercising every right and privilege O
citizen Of the state of Minnesota
He did exercise the right to vote. HI
did exactly what any other citizen O
the state OF Minnesota would do.
Under the constitution of the stat,
Of Minnesota he would be entitled t.
be governor, for that constitution
calls for residence Of only one yea
to be eligible. I can see no differenc
between Noodle and other citizens 0
Minnesota.
'Wadena His Home
HE was practically citizen Q
Minnesota. He testified he consid
cred Wadena his home"
Satire said Noodle. returning fror
various trips about the country, IRE
turned to Minneapolis as much as h
did to North Dakota; the two thing
neutralize themselves In so far as hi
residence In North Dakota is con
cerned."
He cnnceded GLAZING ~ Mondie