The Bon Homme County independent. [volume] (Tabor, S.D.) 1904-1913, 1906-11-01
DISTRICT CANDIDATES OUT.
Supreme Court Holds Commissioners
Must Be Nominated by County.

Pierre, y. u, Oct .G- Holding that Coun-
~ commissioners must be- nominated by
the county aH "A whole. and not by dis
tricts. Judge IIaney of the supreme court
handed down "A decision yesterday In the
ease OF the state OK. rel. NJ. u. Long and
T. A. wearne. chairman of the rcpub-
ltcan party OF Day county, vs.. Manson
Rcxford. county auditor Of the same coun-
~. dismissed petitions presented by cam
didatcs nominated by districts.
The fun text OF the decision II as folA
lows:
The office OF county commissioner irf
this state exists by reason OF legislation
authorized by tho constitution. which ue-
clares "thc legislature shall provide by
general law for such county, township aid
district officers as may be deemed necCs-
sary" An examination OF such lcglsla-
ton will disclose that the county govern
ment IL entrusted To "A body designated ~
IA board of county commissioners" that
the numerous powers and duties OF sucn
commiss. oncrs almost exclusively relate
To- county affairs. and that they are elect
I'd by all the voters OF the county. THE
same as other county officers" ORcvIsed
Political Code. sec. S0-S65.) There is there
foro no escape from the conclusion that
the statutory rule regarding party nom
nations for this office was changed by the
act or 1906: q conclusion demanded by the
language az the act Itself. and cons Ntcut
with sound public policy. because Il -
strictly In accord with the spirit OF popu-
Ia reject .ons. that where an officer ~ To
b. elected by all the voters OF any given
territory the nomination OF candidate 90
be- participated IN b. all the members 81
such organization I'm such territory.
Estate vs.. Rotwitt Is Mont le) so IL
clearly was competent for tbs county
convention TO nominate county commits
tioners. IL alone could make republican
party nominal ons. And II - lmmateriu
whether a different method had been fol-
lowed for wears in Day county. ns all
"a
the regulations established by law. For
these reasons the REALTORS In tbs procc, d.
ing were gwen the relief prayed. aud the
application on behalf OF the candidates
nominated By the district convention was
dismissed.
IL Is rumorcd tina; on the strength 81
this decision "a number OF county commits
sioner cases will b. rushed TO the supr,Isc
court yet before the election. as there gas
a question aS To just what the caucus law
intended IN regard TO such officers. and
the nominations were made In different
manners Ia different countleH II any con-
tests come they will be from counties
which d.d not nominate I'm the county con-
vention.
"HonK'Ho" IS DEATH KNELL.
Gettysburg. =. d., Oct. 29.-Thomas
WEIGH. who was hauling water for a.
thrcshing OUTFIT at work near Copp.
was killed In a runaway for which the
''honking" OF an automobile horn IN
said TO have been responsible.
While he was on his way for 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.
WEIGHS 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.
crushing AZ An.