The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1935-01-15

Official Acts Legal
II am therefore Of the opinion that
any official act performed by Mr..
Noodle as governor during the pend
ancy Of the action referred to Is legal
and valid notwithstanding q subse.
quent decision that he Is disqualified.
THE same reasoning applies to your
first question and It follows logically
that the pending court action cannot
in any way affect the official acts Of
the legislative assembly"
The house by its action, In effect
rejected Sathre's opinion and affida-
Wit as insufficient to prove Noodles
citizenship.
Lost in the argument was the ques.
ton of Welford's citizenship, little
reference being made to 1t In the de-
bate.
Goodwin maintained his resolution
had been offered in good faith Ito
clear up doubt and the question which
has been raised not only as to Noodle
but to Wexford" He maintained it
was clearly within the rights Of the
legislature to inquire into Noodles
citizenship"
Sees Noodle Resignation
Leland ]. Smith of Cas-, declared,
Il have no doubts as to the outcome
Of that case. # the time ever comes
and don't think it will-that the
courts decide Noodle is not governor,
I believe he will put on his hat and
walk out. He will not stoop to poilti-
cal chicanery or political subterfuge
to hold the office-and he certainly
will not call out the National Guard
or resort to force to hold that office"
His statements were greeted with
applause which the speaker Quelled
with thumps OF his gavel.
Smith called for what proofs would
be demanded in the resolution" and
took the view the action would 'set up
the house as q court Of law to try
questions Of fact and law"
McIlraith entered into dispute with
him, claiming the action was taken
las the right of any citizen to inquire
into the qualifications Of any official.
I'm sure Noodle will welcome an op-
portunity to show he Is q citizen, the
action is taken as friend to Tom
Moodie-a service to the state and to
him."
l.. L. Twichell, one Of the leaders
OF the fight for defeat Of the resolu-
ton, questioned "then you're not go
ing to accept the statement Of the
attorney general? He withdrew the
citizenship charge after he had made
an investigation; he's satisfied"
McIlraith Insists on Proof
McIlrath retorted that Sathre's AZ
fidavit was simply the conclusion of
the attorney general. The essential
facts Of the proof are not In 1t. We
are not making determination Of his
citizenship - we're just asking the
source"
"Yes-and we're going to be an un-
biased jury too. I suppose" observed
Twichell.
The prospect Of continuing the citi-
zenship battle indefinitely In the
house was held out by Ben Gilbertson
OF Stutsman. "We're just going to 60
on fighting day after day. Is that It?
Well, the people are getting tired Of
it. I'm sure some Of you have heard
from home"
Staunch defender of the resolution,
w. s. Place Of Slope, told Gilbertson,
"Yes-I've heard from home and they
told me to stick to It and give 'em
hell"
Earlier In the day, q short scuffle Of
words ensued when Ben Fedje Of will
hams moved adoption Of the employ
ment committee recommendations for
employment Of nine more persons in
the house.
Some minority members objected,
claiming too many employees have
been hired now with Twichell again
leading the battle Of criticism.
Twichell maintained there were
more employees In the house than
there have been for 20 years." but de-
spite his opposition the committee
recommendations were carried.
Resolution Of Sympathy
A joint resolution Of sympathy to
u. s. Senator Lynn J. Frazier, on the
death Of his wife, was passed by the
house. following similar action by the
senate.
| Two concurrent resolutions from
the senate dealing with federal relief
aid, were read.
Nine new employees Of the house
are: G. O. Carlson. Glenburn, assist
ant sergenat-at-arms and doorkeep-
er; Beatrice Field, Edinburg, stenog-
rapher: r. Broschat. Cathay. page:
e. K. shaffer. Darlington. clerk Of
committee on state affairs: Evelyn
Olson, Hettinger, clerk Of COMMITTEES
on judiciary: H. D. Crockett, Langdon,
clerk Of committee on taxes and tax
laws; H. e. Dyste. Forman, janitor:
August Kreg, Desart, Oscar Nelson,
Lakota, attendants.