The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1935-02-04
Supreme Court Syllabus
The syllabus of the courts decision the Noodle dsquali
fcaon cas in which the five judges Of the court concurred
follows:
"The State of the North Dakota on the
Relation of P. O. Satire, Attorney General Relator

9 P;,t State e, q ths snort North 2akot. the
Thomas H. Noodle and Walter Wexford Respondents
a. Section 81 of the Constitution comforting original ur
sdcon upon the supreme court to issue wrs of habeas
pressy provides jury trial shall be allowed in said s
pree but proper questions Of fact be sent
by said court to the district court for trial."
Under the pleadngs in this proceeding there is
49, Where question Of fact properly triable to jury
arises original proceeding in quo in the
cay impossible to trial ury and where the parties
to the proceeding waive trial by jury and ask the
justice require the court will hear and determine such
flied for the office of Of North Dakota who not
resided within the state for the five next preceding his
5 The resided in Section 70 of the Constitution
means having had residence as defined by Section H. Com
&C. Every person has in law residence where such
remains when not called elsewhere for labor special
Such can have but one residence which he
not lose until another gained Leaving his place residence
residence be established only by the union Of and
Did Intend to Return to State
whole a M DID 70 o
Of North Dakota sometime.
ns,ro .nS Tim n.y. mis- MS. at me to the in Min
ton to return sometime. go.
ION the witness stand his truthulness apparent to
everyone He answered all questions without hesitation when
orabe He stated that his plans indefinite when he left
MohalL"
Commenting on Noodles voting in Minnesota the court
sad ut is quite apparent from this record that while Mr.
Noodle had intention to return sometime to North Dakota
he had the intent when he registered voter Minneapolis
cast his vote he always cast it and that he did not intend
he in Minnesota but intended to exercise them in Min
nesoa He knew that North Dakota had absent voters bal
lot but he did attempt vote by absent ballot and did
not in claim benefit or privilege Of citizenship
in North Dakota.
As stated the case of Dickinson vs. Brooine 1871 Mass
at Page 1885, 63 NE $685. when intend the facts to which
law attaches must abide the
whether you intend it or not.
Legal Residence Minnesota
a. Where person having legal residence in North Da
kota to Minnesota and there lives with his family In the
apartment for period of approximately 20 months and
during such time registers voter required by the laws
exercises the rights of citizen Of Minnesota held for
stated in the opinion that he acquires legal residence
Minnesota notwithstanding his intention to return North
Dakota at some indefinite time in the future.
49, Section IL of the Constitution providing that the
and duties of the office of devove the
lieutenant in of the disability of the governor
does not dereate between disability existing before cleo
ton and occurring after election
49, In event of the disqualification Of the governorelect
the election and qualification of the lieutenant supplies
to the former acting and the
powers duties the office devove upon the lieutenant
for the remainder the term for which the disqualified
governors elect was chosen
Original application in the court for writ Of quo
by the state the relation of p O. Sathre Attorney
General
Granted.
"Opnion of the court by Burke, Oh. J.
p 0. Sathre Attorney General Bismarck and Francis
IN W. Murphy, and NJ. A. Hildreth Fargo John Noses
Hazen John F. Sullivan, Mandan, W. D. Lynch LaMoure and
C. J. Murphy, Grand Forks for Respondent Noodle.
"Alvn c. Strutz, Bismarck, for Respondent Wexford"