The citizen-Republican. (Scotland, Bon Homme County, S.D.) 1???-19??, 1906-11-01
DISTRICT CANDIDATES OUT.
Supreme Court Holds Commissioners
Must Be Nominated BY County.

Supreme Court Holds Commissioners
Must Be Nominated by County.
Pierre, S. D., Oct. 26.-Holding that coun-
ty commissioners must be nominated by
the county as a whole, and not by dis
tricts, Judge Haney of the supreme court
handed down a decision yesterday in the
ease of the state eX. rel. NJ. B. Long and
e. A. Wearne. chairman of the repub-
lican party of. Day county, VS.. Manson
ReXford, county auditor of the same coun-
ty, dismissed petitions presented by can
didates nominated by districts.
The full text of the decision is as folA
lows:
The office Of county commissioner in
this state exists by reason Of legislation
authorized by the constitution, which de-
clares the legislature shall provide by
general law for such county township aid
district officers as may be deemed neces-
sary." An examination of such legiSla-
ton will disclose that the county govern
ment Is entrusted to a body designated us
"a board of county commissioners" that
the numerous powers and duties of such
to county affairs; and that they are elect
ed by all the voters of the county the
same as other county officers" Revlsed
Political Code, sec. S09-S65,) There is there
fore no escape from the conclusion tina
the statutory rule regarding party nom
nations for this office was changed by the
act of 1905; a conclusion demanded by the
language Of the act itself; and consistent
with sound public policy, because it IS
strictly in accord with the spirit of popu-
la reflections, that where an officer is to
be elected by all the voters of any given
territory the nomination of q candidate 70
represent any political organization should
such organization in such territory:
Estate VS.. Rotwitt. IS Mont. 502.) So it
clearly was competent for this county
convention to nominate county commits
sioners. IT alone could make republican
party nominate And 1T IS immaterial
whether a different method mad been fol-
r. f---.~l ~ for& xyan rc - In Nav n11n & lE a MI
party customs must necessarily yield to
the regulations established by law. For
these reasons the REALTORS IN this proceed
ing were given the relief prayed and tke
application on behalf of the candidates
nominated by the district convention was
dismissed.
this decision a number of county commisr
sioner cases will be rushed to the supreme
court vet before the election, as there was
a question as to just hat the caucus law
Intended in regard to such officers.and
the nominations were made in different
manners in different counties. IT any con-
tests come they will be from counties
which did not nominate in the county con-
vention.
"HpHkiNG" is DEATH kNELL.
Gettysburg, S. D., Oct. 29.-Thon1as
WEIGH, who was hauling water for a
threshing outfit at work near Copp.
was killed in a runaway for which the
.thonking', Of an automobile horn is
said to have been responsible.
While he was on his waylfor a load
of water he encountered an automobile.
The machine was stopped about ten
rods from the water wagon and gave
several warning toots with the horn.
Weich's team took fright and as he at
tempted to climb out of the wagon a
sudden lurch threw him to the ground
and the wheels passed over his chest.
- CIR: sssss.!!sss It