Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1906-11-01

commissioner districts, and the com
missioners selected from districts,
and all conventions for the nomina-
ton Of county commissioners shall
be held by the district from which
the commissioner is to be selected,
and only voters of hat district shall
participate in said convention but
the whole county shall vote on each
commissioner the same as on other
county officers"
Rev. Pol. Code Par. SO Clearly
the caucus law requires all candi-
dates for county officers to be nomi-
mated by the county convention; the
plain and unambiguous language of
the act can be given no other inter
probation; and if county commits
sioners are county officers there is
an irreconcilable conflict between it's
provisions and the former law with
respect to the method of making
party nominations for that office.
Although repeats by implication
are not favored, two irreconcilably
repugnant acts passed at different
times, relating to the same subject,
cannot stand together and the latter
operates TO repeal the former"
Busby VS.. Riley, 6 S. Oak. 40l.
That county commissioners are
county officers in the ordinary and
legal sense of the term is too plain
to require extended argument.
Officers, with regard to the public
body for which they act, are officers
of the general government, state
officers, county officers, aud munich
pal officers % Am. Il Eng. Ency
q Ed 327. IAN officer of the
county is II by whom the county
performs its usual political functions
of government" Id. 1923: Che
boygan county VS.. Parker, 3 Wal.
lace 93; Is l.. Coop. Ed. 33; State
VS.. Brennan, 40 0. st. 33; in re
Carpenter, 7 Barb, 30; in re Whit
ing, 2 Barb. 513. The Office of
county commissioner in this state
exists by reason of Legislation auth
orized by the constitution, which
declares that "the Legislature shall
provide by general law for such
county, township and district Off
GERS as may be deemed necessary"
Const. Art. 8. Par. 6. An
examination of such Legislation will
disclose that the county government
is entrusted to IA body designated as
"a board of county commissioners"
that the numerous powers and duties
of such commissioners almost exclu-
sively relate to county affairs; and
that they are elected by all of the
voters OF the county, "the same as
other county officers"
Rev. Pol. Code, Par. 809-865.
There is, therefore, no escape from
the conclusion that the statutory
rule regarding party nominations
for this office vas 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 popular elections, that
where an officer is to be elected by
all the voters OF eny given territory
the nomination Of a candidate to
represent any political organization
should be participated in by all the
members of such organization in
such territory. State vs.. Rotwitt,
Is Mont. 502. So it clearly was
competent for this county conven-
ton to nominate county commits
sioners. 1t alone could make repub-
lican party nominations. And it is
whether a different
method had been followed for years
in Day county, as all party customs
must necessarily yield to regulations
established by law. For these
the REALTORS in this proceed
ing we're given the relief prayed, and
the application Oh behalf of the can
didates nominated by the district
convention was dismissed.
Corson, j.. having been absent,
has taken no part in this decision.