The Aberdeen Democrat. (Aberdeen, South Dakota) 1???-1909, 1908-04-10
SUPREME TRIBUNAL OF THE
STATE NOW HAS PROHIBITIONS
IsTs' CLAIM BEFORE II
er I..HE.i
Ask Supreme Court for Writ Z
danus to Compel Secret s
State to Accept Their Filing e
der Law CT 1908 Nine. Re,
Why They Allege Law Is Un
stitutional = Socialists Res,
tions.
Special to the American:

Special to the American
Pierre, S. D., April, 9.-The pres
ent term Of supreme court will have
matters political to settle prior to
the grand get away for the June
race. While the talists in their
Lawrence couD' ,..5a are only at
tacl1ing the fee provision of the pri-
mary election law, the prohibitions
lists come into the supreme court di-
rect for a writ of mandamus to COM
pei the secretary of state to accept
their filings under the old 1903 law,
alleging that the primary law is un-
constitutional and void. They start
ed their move yesterday when Quincy
Lee Morrow of Brookings and his at
torney Aubery Lawrence presented
the prohibition ticket, which the
state secretary declined to file on the
ground that it was not in conformity
with law. The ticket presented
being:
Congress-. r. Erskine of Davi-
son, e. S. Chappele of Fall River.
tGovernor--5G. F. Knappen Of
Brookings.
Lieut.. Governor w. T. Rafferty,
of Hand.
Secretary of state-G. w. Hill Of
Turner.
Auditor-H. E. Roberts of Day.
Treasurer-G. H. Brown of Sphinx.
Land Commissioner-Earl C. Pit
cher of Minnehaha.
Superintendent Of Instruction
Henry Hendrickson of Jerauld.
Railroad Commissioner Lee
Woodward of Campbell.
Presidential Electors s-Ben Brave
of Lyman; M. L. Dunlap of Lincoln;
H. w. Reinecke of Faulk; Nm Nc
Kenzie of Marshall.
This list, one of whom, Ben Brave
is full blood Sioux, was offered and
on refusal to file, the mandamus was
asked for, and an order to show
cause was granted, to be argued be-
fore the court on the fifteenth Of
this month. The application for the
writ, beside declaring the primary
election law to be unconstitutional,
and void, in its general principles,
sets out nine specific points in which
it is unconstitutional, they being.
l. That the law contains many
subjects not expressed in the title,
such as provisions for conventions,
I and numerous other subject mat
ters. s3 S# i$
2. The fee provision is attacked on
the ground that it levies a tax, and
violates the constitutional provision
which prohibits the levy of a tax
except in pursuance of law.
3. That it violates the constitu-l
ton by refusing to all citizens equal
rights III it's provision allowing a
convention to select nominees under
4 certain conditions, which is not a
primary provision.
a. That the instructions to the
legislature in regard to their action.
on the United States Senator is not
expressed in the title of the Act.
5. That in, fixing the basis OF re-
8 presentation in state conventions It
u disfranchises the minority parties, by
i depriving them Of the right to send
delegates to their state conventions.
s. That in permitting county CEN
tral committees to name delegates to
state conventions it attempts to dele
gate legislative power, giving the
committees the power to decide as
to the need Of conventions.
#5s Z. That 1T abridges the right of
& the people as represented by the min
ority parties to meet and consult for
Z the common good. 5ss3
s. That it makes no provision for
the organization of a new party, and
thus absolutely by its provision pre-
vents any new party from getting
names upon the ballot.
9. That in providing party test,