The herald-advance. (Milbank, S.D.) 1890-1922, 1906-11-02
County Commissioners
The Democratic Contention Df
Fatal IrreguIarity q Pure
Piece BuncOmbe for Pre-.
Election COnsumpliOn.
AN ATTEMPT 70 STAMPEDE

AN ATTEMPT 70 STAMPEDE
Republican VOters-M s're.
Berkner and Erickson will
be Elected and Seated.
The claim is still being made
by some of the democrats that
the repnb bllcans have no nomi-
nees for county comm issioners
and that the democratic candi.
dates will be elected regardless
,iof the action of the voters on
election day. This claim is bas-
ed upon the late decision of the
supreme court in the Day coun-
ty case where two factions of the
Republican party of Day county
each claimed the right to have
the names of it's nominees placed
upon the ballot. To satisfy our
selves and to give the voters of
the county reliable information
upon this important matter, we
secured a copy of the opinion Of
the supreme court as soon as
the same was handed down. A
careful reading of that opinion
discloses the fact to be that, 'The
republican county convention
was duly called and held in Day
county at the time prescribed BY
law, and nominated four candi-
dates for the Office of county
commissioner, whose nomina-
tions were properly certified.
1t further appears in the opinion,
"that while such convention was
in session and when it was about
to consider the question of nomi-
mating commissioners, the duly
elected delegates from the first
and fifth districts, who had be en-
duly seated in such convention
withdrew therefrom to the rear
part OF the opera house, and or
ganized themselves into two dis
trlct conventions and proceeded
to nominate candidate for COM
missioner in each district" It
will be seen that the only dispute
IN Day county was within the re-
publican party and the question
up to the supreme court to de-
eide was as to which of the nomi-
nees OF these conventions should
be printed on the ballot. II was
not question between the diff
ferent political parties that the
supreme court was called upon
to decide, as is shown by it's Ian
guage as follows: "An organic
ed political party cannot have,
at one time, more than one candi-
Date for the same office; if the
county conyention was authoriz-
ed to nominate county commits.
sioners, the names of it's nomi-
nees are tEe only ones that eau
lawfully be }riute on the bal.
lots as republican candidates for
that office. But in Grant coun-
ty, the situation was entirely diff
ferent, as there was ONLY one set
OF republican nominees for coun.
ty commissioners. There is not
now and never was any dispute
among repu blicans as 10 whom
their nominees were or as to
whose names should be printed
upon the ballot for county COM
missioners. While tits rue that
the convention at large allowed
the delegates from each of the
commissioner districts to select
the candidate for such district.
it is equally true that each com.
missioner Was minated
with the acquiesence aud
consent OF the whole conven-
ton. The names Of the repubii-
can nominees for commiss .oner
haye been printed upon the offi !.
cial ballot. and If they receive u
majority OF the votes ut lie elec.
ton. no court would dislrau chise
the voters and place in Utiice men
who were not the choice Of the
people because the claim was
made that the nomination of such
officers was irregular, but in
this county the manner of max.
ing the nominations was not even
An irregularity, because the pow
er was delegated to the district
delegates to make such nonina-
tl0ns. Matters uf this kind are
properly settled by the courts
rather than by newspaper con.
troversy, and If the democrats
had. as their organ proclaims,
any serious belief that the nomi-
nations Of Berkner and Erickson
were null and void, why did they
not take the matter to the su-
preme court and prevent tho
auditor from printing their
names upon the ballot The
question was open to them and