The Black Hills union. [volume] (Rapid City, Pennington County, Dakota [S.D.]) 1889-1904, 1901-02-08
Unique Contest for Political Office
Soon TO Be Decided in
South Dakota.
CLERKS WHO CAN'T TALK ENGLISH
Abuse of the Privilege of Hiring Assist
ants-The Salary Eill Put Through
by CONFERENCE.-The New
Judicial Circuit Effort.

title to the Offices of commissioners OF
charities, which has been set by the su
premc court for February II, will at
tract wide attention in the state, as it
is the first time in the history of South
Dakota that suits have been brought to
GUST officers where there was purely
partisan question at issue. The fight
between the old and new members of
the board Of charities and corrections
is political row "a fight between the
remnants of the Lee administration
and the Herreid administration for the
possession of the spoils involved in
controlling the penitentiary, insane
asylum and reform school. There have
been contests before involving these in
situations, but on previous occasions
they have been among the people of
the same party. During the Church
administration the governor removed
two of the trustees Of the insane hospi-
tai, and during the Sheldon admins
tration the governor tried to remove
Shannon of the board of regents and
attempted to get rid of Finnerud as Il
member of the board of regents by APP
pointed DIR. Collier to fill what Sheldon
supposed was a vacancy in the board.
Mcintyre of Watertown was a MEM
Der of the board Of regents and re-
signed. Sheldon appointed Finnerud to
fill his place, but the subsequent SEN
ate failed to confirm Finnerud. The.
governor then appointed DR.. Collier to
the place, on the theory that the fail
IRE OF the senate to confirm Finnerud
rendered the office vacant. Collier was
confirmed, but Finnerud would not
give up his office. He was operating at
that time with Regent Shannon of HUI
ron, who was then in bitter personal
war with Sheldon.
The case was taken into the supreme
court and fought to the bitter end,
Judge Corson writing an opinion, in
which he declared that the failure to
confirm did not invalidate Finnerud's
appointment, and that, under the con-
stitution and legislation Of the state, If
a vacancy occurred from any cause it
was competent for the governor to fill
1T by appointing for the full uneXpired
term of the predecessor. The theory of
the present board of charities and cor
rections is that under the Finnerud de-
cision OF the supreme court vacancy,
existed after the failure Of the senate
to confirm the appointment of Brown
and Lien two years ago, and that sub
sequentiy another vacancy was filled
by Lee when Brown and Lien resigned
and Smith and Bacon We're appointed.
The cases of Finnerud and the old
members of the board of charities seem
to be similar in almost every detail,
except that In Finnerud's case there
had been predecessor regularly COM
lnissioned and confirmed. The attor-
ney general holds that the cases Of
Smith and Bacon are not like that of
Finnerud, because the predecessors of
Smith and Bacon We're not confirmed,
while Finnerud's predecessor (N1c1n-
tyre) was confirmed Yet the Corson
decision holds that IL a vacancy occurs
"for any cause" the appointment may
be made for the full term and does not
require confirmation. Attorney Gem
eral Pyle will appear for the new APP
pointees, and c. H. Winsor, S. II. Gram
mer and Horner & Stewart for the old
board. It Is likely that the investiga-
ton of the penal institutions under the
management of A:nsworth and Meade
will be going on at the same time that
the suit to GUST Smith and Bacon Is be-
ing tried Altogether there is prospect
for q pretty lively time before adjourn
ment.
There are seventy clerks of all kinds
pm the pay roll Of the legislature, ana
they draw all the way from $3.50 to IS
per day. It is said by those in a posi-
ton to know that 1t would be possible
to do all the work that is now being
performed by these clerks with six
competent men working between the
hours of 8 In the morning and 6 in the
evening. The state will pay SIS, 900 for
clerk hire during the session which
could be done for $500 at the lrate the
work Is now going forward. This fact
makes some Of the clerks in the state
house sore when the committees. show
disposition to cut down or to refuse
clerk hire and needed improvements In
the capitol building The clerks OF
committees are the personal patronage
of the membersand cannot be attacked.
The abuse grows more odious every
year, but changes of administration do
not seem to affect 1t. There are some
clerks drawing high pay who cannot
speak the English language so 1t can
be understood, and good many Of
them are woefully incompetent. They
Nre there to pay debt contracted BY
ZONE member during the campaign and
J are allowed to remain in spite Of the
fact that everybody complents upon
the matter with cynical disgust.
------ ~ q
The bill introduced by Mr.. LeClaire
reducing the salary of the veterinary
surgeon from 81, 500 to 81, 200 per year
was done In pursuance OF on agreement
by which DR. Foster OF Selby was APP
pointed n eClaire.s Recommendation.
The state eterinartan has received no
salary during the last six years, but
the understanding Isl that the general
appropriation bill Will contain prt,-g
vision for q salary OF $1,000 per year in
sRccordance with the IaeClaire Bill
which will precede the general apsro-,
sprtatton bill on the calendar.
h The bill creating the historical so
stety svas signed before q number of the
members 0t the society and several
te<