Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1908-07-02
Another Primary.


Another Primary. 81
Since the death of Col. w. III. Parker,
OF DeadWood, one of the congressman
IRON Soath Dakota, there has been
much speculation as to how his sue
cessor would be nominated and elected
but the law OF the state makes il clear
that 1t will be necessary to hold another
state wide primary election for that
purpose. 1t is optional with the cover.
nor whether he calls the election to- s'
elect Col. Parker's successor on q special
date or ON the day Of the regular cleo
ton but lit is mandatory that he have
the vacancy filled by election.
In case of the death of 81 United
States senator the governor of the state
has che power to appoint successor
who holds the office until such time as
the legislature elects but in case Of the
death of a congressman or member Of
the state legislature the vacancy can be
filled only by an election.
UNITED STATES CONTRIBUTION.
Article !, Section 2, Paragraph S, Of
the constitution of the United States q
provides, that, "W hen vacancies happen
in the representation from any state,
the executive authority thereof shall
issue writs of election to fill such va
cancies."
The United States supreme court has
construed the word shall to mean must
and states that it is mandatory upon
the governor of the state to fill the va
cancy,
SOUTH DAKOTA GENER AL ELECTION
Law.
Section 1856, Article 8, of the Politi--
cal Code of South Dakota, provides as y
follows:
'sAny person who shall receive certi-
cate OF his election as member Of the
Legislature, or as a county officer, shall
be at liberty to resign such office, though
ne may not have entered upon the
execution of its duties OF taken the re-
quisite oath of office; and when any
J vacancy shall happen in the office, Of
member Of the senate or house Of re-
representatives. Of the legislature, by
death, resignation, or otherwise, it
} shall be the duty OF the county auditor
in which the vacancy has occurred too
J, Tc ideally notify the governor thereof
) whereupon the governor shall issue q
writ of election. directed to the sheriff
Of the county or district in which such
) vacancy shall happen, commanding him.
: to notify the several judges of election
) in his county or district to hold spe-
8 cial election to fill such vacancy or
: vacancies, at time to be appointed by
, the governor; providing that il there be,
no session of the legislature between
the happening Of such vacancy or va
cancies and the time of the general
election it shall not be necessary to
order a special election to fill such va
cancy; and when any vacancy shall
happen in the office of any member of
congress from his state for any reason,
or in any Of the various state offices
; for any reason, it shall be the duty Of,
$ the governor to issue his proclamation
appointing day to hold a special cleo
: ton to fill such vacancy, to be held as
! aforesaid"
THE PRIMARY ELECTION LAW
Chapter 139, Section ", of the 1907
Sessions Laws, of South Dakota, relat-
ing to primary elections, provides aa
follows:
"Vacancies-How filled 1T for any
reason after nomination as a party
candidate for an elective office has been
made or party commit teeman elected
, as provided in this act, a vacancy shall
occur, the state or county committee Of
the political party, as the case may be
in which the vacancy occurs is hereby
authorized to fill the same. Provided
that party candidates for nomination
to fill the vacancy at any special cleo
ton called to elect member of con-
gress OF member OF the legislature
caused by the death OF such member,
or by any other event shall be nomi-
4 mated in the same manner as is herein
| provided, except that in such cases the
time and place for holding the pri-
maries and convention shall be fixed
by the several party committees"
j Six women captured a wife heater at
Mitchell and gave him severe flashing
----------.. s.-----------------4 4
No Republican Candidate.