The Miller sun. (Miller, Hand County, S.D.) 190?-19??, 1907-06-15
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BILE, that the new primary election law
will be carried into effect without call
ing upon the courts to decide what 1t
means in some of it's provisions before
the first general election is held with
a ticket to be voted for selected under
the provisions. One of the provisions
which will open the way for endless
litigation Is that which limits petitions
for county or legislative offices to not
less than 3 per cent nor more than
5 per cent of the voters OF the party
of the petitioner, as shown at the last
previous election. The candidate starts
out with his petition, and some of his
friends get out with another, and UNI
less they are very careful they VIII
find themselves with a petition carry
ing too many names. Then the ques-
ton Of their right to strike off will be
raised as just as vital as their right
to add on; and n petition which goes
over the limit is placed where its va
ldity can be attacked; and some other
aspirant will not hesitate to raise, the
point if he sees the way open to shut
a rival off the ticket by raising the
point Every signature on a petition
must be written with ink or indelible
pencil, and the date of the signature
added as a part Of it. No one may
sign more than one petition for any
office to be filed and no signature
shall be legal If it was placed upon a
petition more than three months prior
to the time of the primary election.
The per cent limitation does not APP
ply to candidates for state office, the
limitation placed upon them being
not less than l per cent nor more than
s per cent of the voters of their par
ty as shown at the last preceding cleo
ton. The three months limitation APP
plies to candidates for state offices as
we'll as to local officers. Some of the
candidates for state office are expect
ing to get into the field with their petit
tons this year yet, doubtless having
overlooked the provision of the law
which limits the life Of the signatures
on their petitions to not more than
90 days before the date of the pri-
mary election.
Since his return to office from hi
trip to California, Attorney General
Clark has been busy shaping up mat
tiers which have been submitted to
him, and among others has taken up
several Of public interest. Among
these is one which is agitating prop
erty owners in many of the towns, In
which new sidewalks are being order
ed. The disputed point is to whom
should be taxed the cost Of putting In
the square walk at the corner Of a
lot Property owners in many cases
claiming that 1t should be put in at
public expense, instead of the expense
of the owner Of the property The
holding on this is that under the pro-
visions Of the sidewalk statute, the
assessment is to be made TO adjoining
property, and the corner is held to be
adjoining property, and the walk
properly assessable to the property.
Another inquiry passed upon is in re-
gard to the saloon license law Of the
last session which limits saloons in
towns of less than 1000 inhabitants,
The law itself allows small town
two saloons, but requires a population
of 800 or major fraction for any great
er number. This is held by the attor-
ney general to mean that three saloons
is the limit allowed to any town under
1000 population-one for each 800
population up to 900, leaving not
enough for another saloon. After the
town passes the 1000 population
mark, the Limitation is removed.
The position Of agent at Cheyenne
river Indian reservation appears to be
going begging. Major Downs, an army
officer, has been in charge for more
than a year, and the selection Of civil
agent has been delayed on account OF
numerous matters which were pend
ing. The only open applicant appears
to be c. w. Rastall, the present clerk
at the agency, who has had many
years actual experience in the Indian
service, and who has a petition signed
by a majority of the male adult In
dams on the reservation for the place.
For a number of years there has been
an Indian camp several miles up Bad
river, where a group Of reds under the
leadership Of Prairie Chicken took
their allotments. These Indians, now
that white settlement is crowding In
on them desire to surrender their al
lotments and take new ones north OF
Cheyenne river among the many In
dams who have taken allotments In
that reservation. They have made ap-
plication to the agent for such
change, and it will likely be granted
to them.
The new law Of the last session
which attempted to continue the free
range unless wiped out b va vote Of
the people Of the county affected, is
held TO be unconstitutional, In the
opinion of the attorney general. In
recent suit before the court an at
tempt was made to raise the constitu-
tionality Of range laws. but as 1t was