Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1906-11-01
Republican County Con-
ventiOn Did Right.
NOMINATING COMMISSIONERS
BY the Whole Convention as a
Body, County commissioners
Are County Officers.
Sears * Potter Win the Decision
for the Regular Republic
can Nominees.

defendant as auditor Of Day county,
to print the names of certain per-
sons on the ballots to be used at the
coming election in that county, as
republican candidates for county
commissioners, and to not print
thereon the names of certain other
persons as republican candidates for
the same office, was heard in conuec-
ton with another original appiica-
ton for a similar writ on behalf of
those sought to be excluded by this
proceeding and decided in favor of
the REALTORS herein. The reasons
for such decision will now be given.
1t was stipulated by the parties that
the republican county convention
duly called and held in Day county,
at the time prescribed by law, nomi-
mated four candidates for the office
OF county commissioner, whose nomi-
nations were properly certified, the
certificate being fled with the county
auditor; that the call for such con
vention provided for the nomination
OF such candidates; that while such
convention was in session and when
it was about to consider the ques-
ton of nominating commissioners,
the duly elected delegates from the
First aid Fifth commissioner dis
tricts who had been duly seated in
such convention, withdrew there
from to the e a of the opera house,
and organized themselves into two
commissioner district conventions,
proceeded to nominate a candidate
for commissioner in each of such
districts; that these district nomi-
nations were certified by the officers
of each district convention, the GER
tifcates being filed with the county
auditor; and that defendant, as
county auditor, refused to print the
names of either set of candidates
upon the official ballots.
An organized political party can-
not have, at one time, more than one
candidate for the same office. II
the county convention was author
lied to nominate county commits
sioners, the names of it's nominees
are the only ones which can lawfully
be printed ON the ballots as repub-
lican candidates for that Office.
State VS.. Metcalf, Is S. d. 1893. The
so. called Caucus law" Chapter 107
laws 1909 contains the following
provisions:
Paragraph |. All party nomi-
nations of candidates for represen-
tatives in congress, state, judicial
and county officers, presidential
electors and delegates to the
national, state and county conven-
tions, shall be made in the manner
herein provided. All other nomi-
nations for such candidates shall be
by petition in the manner now pro-
vided by law, providing that no
nominations made by petition shall
be fled previous to making of nomi-
nations under this act, and no name
OF a party or ticket nominated by
petition shall contain the name or
part OF the name of a party ticket
nominated under the provisions Of
this act.
Paragraph 5. All party county
conventions held for the purpose Of
nominating candidates for county
officers and members Of the legis-
latnre shall be held on the first
Tuesday after the third Monday in
September next proceeding the
election at which such candidates
are voted on" 1t also prescribed
the time for holding conventions
for the purpose Of nominating federal
and state officers, circuit judges and
members Of the legislature, where
more than one county 10 embraced
by q senatorial or Legislative dis
trict. II makes no provisions for
commissioner district conventions.
Prior to its enactment the statute
provided that "the different counties
81 the state shall be divided into