Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1888-08-29
local OPTION.

EantSt0n G0unty Petitioners Carry
Their Point-An Elect un Ordered On
The Prohibition Proposttion-Judse
T'ripp Decides AN Uncerta m Point
Last evening the board of commits
of Yenkton county concluded
their examination OF the petition asking
that the question OF prohibition of the
sale of iutoxioants be submitted to the
of Ysnkton county. They found
that the petition as submitted contained
ITO names and that 67l OF these were
beyond question the signatures of legal
voters. Ninety-nine OF the signers were
considered of doubtful eligibility, but
their rejection would not invalidste the
petition, as the 67l were moge than
enough. The law requires the sigma
lures of one-third the number voting ct
the last preceding general election,
which in this case was 1859. One.third
this number is s57. giving the petition
ers a clear majority Of fourteen and q
possibly majority OF 1l3. There hes
been doubt in the minds Of the commits
sioners relative to the intent of the law
nader which this demand for an election
was made. One Interpretation made ii
necessary to secure the names OF the 40
tual voters who voted at the preceding
election and another Interpretation re-
quired one-third the number found to
have voted at such election. To settle
this uncertainty course was had by the
county commissioners to q charge made
to 8 Jury ct Mitchell in the case of the
territory vs.. John G. Martin, on trial for
violation OF the local option law. That
portion of the charge bearing upon the
case reads as follows:
This law of 1887 is not general in
its character, rs applied to the entire
territory, but as the words themselves
indicate, it 10 left TO the option of the
locality, whether or not Intoxicating lilo.
uors shall be sold, and whether or nos
the penalties OF the Law OF 1879 shall be
applied TO persons 20 selling.
The statute provides as one of the
steps first to be taken, that one third of
the legal voters Of any county, a. shown
by the preceding general election, shall
be presented to the board OF county
com .nissioners Of any county, at least
sixty (60) days before the Tuesday next
after the fret Monday In November IN
the year 1887, praying etc, for Q submits
sion OF such question.
l say to you as q matter of law that
this does not mean that n third of
| those who voted at the last election
must sign the petition, but that 1t means
that one third OF the voters in
number Of those who voted
at that election must sign
the petition. And il is incumbent
upon the board of county commissioners
| where the petition 10 presented for them
to ascertain and determine whether one
third in number OF those who voted has
signed the petition.
It may or it may not be that the en-
tire one third may have moved from the
county OR otherwise. This law does NOT
sioners are obliged to RUE through all
the names TO determine whether one
third have voted, but it means that it il
one third in number OF ell who voted q,
that return must slgn the petition.
If twelve hundred $4,000 voted ct the
last election there need not be TO exceed
four hundred (400) names OF lego
voters OF the county then living within
the county, 10 make q legal proposition
You have heard the testimony ia tbil
case; it is not for you to determine
shether one third did sign the petit
ton. The question is whethe'
the board of county commissioner
did find and did pass upor
that question. that one-third In number
of all the voters signed the petition. I
they did go pass upon that question, enc
the county commissioners having ex
ahmed, found that n third dix
sign the petition, then 1t would be
proper submission TO the voters OF thi
county. And il the voters voted affirma
lively then the local option lew was il
force. So fer and so far only. have 70,
anything to do II regard to the Ioca
option Law, whether it is Or is not il
force.
Under this judicial rendering The coun
ty commissioners concluded the Ysnk
ton county petition was sufficient an,
%thereupon their order was issued sub
uniting the proposition to prohibit tn
sale OF insoxicents to a vote Of the voter
of the county on the day Of the nez
general election. November 9Th. Pre-
pare your ballots.