The herald-advance. (Milbank, S.D.) 1890-1922, 1902-10-24
NO END OF TROUBLE
The Proprietor of the Mass Con-
vcntiOn Having u Hard Time
Getting His Ticket i'm
the Field
Withdrawals and Legal SnaSs
All Along the Way


All Along the Way
Our friend Volkmar, the archi
tect of the celebrated "mass'
convention has been having a
hard time of it during the past
week. His troubles commenced
! when the various candidates
who had been placed on the
ticket without their knowledge
or consent, commenced to send
in their designations. This
! didn't stop until four of the
alleged candidates had with
drawn from the ticket. Some
these were not democrats and
seriously objected to being
forced to appear as candidate
of party with which they were
not in atfiliation.
| But this was only the begin
ming of the troubles of the man
ager of the "mass' convention.
When the nominations were pre-
sented to Auditor Truran for
fling, they were observed to
have been signed by Mr.. Volk-
mar for j. v r. Priest, who was
the chairman of the convention,
and that the ommissioner nom
nations, which should have been
made by residents of the com
missioner district, were signed
by the secretary Mr.. Henry
Martens, who is resident of
the first commissioner district
and by Mr.. Volkmar for j. V. r.
Priest, who is resident of the
second commissioner district.
| The attention of the auditor
being called to these irregulari-
ties he refused to accept the
4 filings for a place on the ballot
until he had received legal ad-
vice. He presented the matter
to County Attorney Fuller, who
returned the following decision
on the question:
Hon. J. E. Truran, Auditor Grant
county, 5. ID.
Dear Sir. acknowledge receipt of
your commune alton of the 10th inst.
wherein you ask for a written opinion
to the following question. 'Can GER
titicate of nomination for county Off
GERS be considered valid if signed by
a party other than the duly elected
chairman and secretary of regularly
, called conventions: in other words can
either of the officers chosen by such
convention delegate another party to
sign his name to thecertiffcate of nom-
ination to be filed in the Office of the
county auditor?
This question assumes that the coun-
: ty auditor has not filed certificate
as it refers to certificate to be filed
in the office of the county auditor. AS
suming that such certificate has not
been filed, take up the consideration
of the following signature.
-. V.R. Priest chairman, per Henry
S. Volkmar, place ofresidence Vernon
Township, S. D., business, farmer,
business address, r. f. d. No. /
: Milbank. S. d.
I The Secretary signed said certificate
: in due form of law. AS to whether o.
Z not Mr.. Volkmar had a right to sigl
1 the name of Mr.. Priest does not af
Y firmatively appear on the records OF
lie in the county auditors Office.
The construction OF Chapter 60 Ses
: sion laws of 1897, section 3 page 16
/ is necessary to an understanding g
!. this question, which provides what th
certificate shall contain, which read
q as follows:
n Cali nominations made by such cor
J. vention or primary meeting shall b
! certified as follows: the certificate {
u nomination shall be in writing: an
shall contain the name of each perso
nominated, his residence, business
q his business address, and the Office fC
q which he is named, and shall desis
S nate in notmore than swords the part
Al or principal which said convention {
- meeting represents, which certifica
" of nomination shall be signed by tt
S secretary and presiding officer of sue
II convention, or primary meeting, eac
~ of whom shall add to his signature h
= place of residence. his business an
Il business address, and be delivered /
II one of them to the secretary of sta
le of this state or the county auditor
n the proper county as hereinafter r
. CURED"
IL 1t is an elementary proposition
law that principal can delegate {
agent to do any act which his prime
> pal might do, except those acts to whit
l. the latter is bound to give his perso
1t al attention. Compiled laws, sectie
i, 1906
: What could require more person
y. attention than the execution of a ce
= tificate of nomination made by
r. county mass convention?
va And when such convention delegat,
a chairman to act as such, and tt
ls law requires that such chairman sha
n sign such certificate, it is his duty
IS do so, and the act Of signing is SO pc
a sopal in its nature that no other pc
~ son can be delegated to sign.
u For the purpose of argument, a
<, sumo that the chairman would ha
N the right to require another person
Il sign in his stead, such anthori
should ai1irmatively appear upon t
> records and files of the county au
re TORS office.
s The same solemnity~ should be q
a tached to a certificate of nominate
a. 49, v,%Vy lnnI fo