The Brookings register. [volume] (Brookings, Brookings County, S.D.) 1903-1971, 1906-02-08

State VS.. Symonds, 81 Me. 14S; Stat,
VS.. Staten, q Colo. 233; Davies VS.. Nc
Keeby, 5 New. 369; McCafierty VS.
Guyer, SO Pa. St., 100; Quinn vs.. State
IS Ind. 1856; Clayton Harris, z New
g."
Cooley's Const. Linn. rs, note 3.
1t is clear, therefore, that il a eau
Gus or primary is an election" within
the meaning of section l, article z, o
the State Constitution, the attempt or
the part of the legislature in section
"A aforesaid to impose as a condition
to the right of voting at a caucus the
requirement that the voter shall have
voted for a majority of the candidates
of any political party at the last pre-
ceding election at which he voted, i:
unconstitutional and void.
In what sense, therefore, are the
words "any election" used in the con
stitution? Is it competent for the leg
islature to permit persons to vote al
these statutory caucuses who are no
qualified electors under the constitu'
ton, or, on the other hand, to exclude
persons from participating in caucuse:
by the addition of conditions Other
than those contained in the constitu'
ton? The word election" is defined
Dis the "act of proceeding Of selection
OF a person or persons for office or EN-.
ployment, especially by ballot; a popu'
lar vote on a question of public policy
or interest,"" Standard Dictionary
SIN its constitutional sense, an cleo.
ton by popular voice OF a district,
county, town OF city, OF by an organ
IznH hnIu in nFtralioti, ot;p~ 20 a~
pointment by some single person OF
officer" Anderson's Law Dictionary.
The act of choosing; choice; selec-
ton" International Dictionary.
A caucus under this act is a proceed
ing for the election Of delegates under
authority and regulation Of the state.
The words ''any election are compre-
hensive and were evidently used by the
trainers OF the constitution in their
broadest sense and designed to include
all proceedings wherein under the
sanction OF law an expression OF the
popular will is made. This caucus
law forms a part of the general election
laws OF the state and a very essential
part thereof. Unless SO treated there
is no provision forthe payment of the
expenses OF carrying out Its provisions
as there is no provision for payment
OF expenses in the act itself. The peo-
pie elect delegates under this act to
the several conventions to select candi-
dates and endorse principles. That
the caucus and convention involve
substantial rights of the voter and are
~inseparably connected with the general
election system is we'll illustrated by
the following fact: 1t is held by our
supreme our Chamberlain VS..
Wood, ID 5. D., 2l6), that an elector
cannot vote for any candidate whose
name is not printed upon the ballot. He
cannot write the name OF q candidate
thereon. His act in voting is merely
c~onfirmatory Of the action of the con-
ventlons in placing candidates in
nomination. Thus, unless permitted
to participate in the caucus of the
party of his choice he can at the gene
raj election only vote for men and
support principles that have been Sc
lected by others for him. True, the
statute provides for nominations by
petition, but this method would be in
adequate, expensive and would com
pei him to oppose the party of his
choice at the polls. TO say that a
voter is qualified to vote at a general
election and at the same time disqual-
flied from voting at the primary aux
Hilary to such election involves an alb
surdity. The people at the caucus
elect delegates by ballot TO attend con-
yentiOnS which are recognized by
statute as 4 part OF the machinery
whereby the popular Will of the voters
is enforced. This election Of delegates
is conducted upon the principle of ma
]jOrIties the same as other elections.
The electors vote thereat by virtue of
the fact that they are electors Of the
state and the election of delegates has
as its object the selection O~fcandidates
and adoption Of principles to conform
to the views OF the voter. There is no
distinction under the constitution be-
tween an election Of delegates, an cleo
ton Of candidates or an election to
decide certain questions. The Ian
guagc used is ANY election" and in
cludes any election where the voter
his privilege as a citizen, by
voting directly for candidates and
ut the biennial election or
for delegates who select the candidates
to be placed upon the ballot. Any
other Interpretation would be subvers-
i've of the plain intent and purpose Of
the or II constitution, STRAIN
ed and inconsistent. If the words
''any election" In the constitution do
not apply to an election of delegates
at a caucus, the Legislature could law
fully permit ome and aliens to vote
thereat and provide for their participa-
ton in caucuses and primaries and
thus extend the right to vote to classes
prohibited by the constitution.
The Supreme Court of California, in
Spier VS.. Baker, II l.. r. A., 1876, held
that provisions in the primary election
law of 1897 of that state were unconsti-
tutional in so far as in defining the
qualifications of electors eligible to
participate in the primaries different
qualifications were adopted and more
onerous conditions imposed than
those contained in the constitution
defining electors. Section l of article
2 of the California constitution pre-
scribes who are electors in substantially
the same manner that the constitution
of this state does, except that instead
of using the words ''any election" as
in the South Dakota constitution it