The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1910-10-27
NO. 3.-Power of Removal.

T NO. Oh removal.
Third of the measures that will ar-
pear on the long ballot" at the gen
eral election, is that which confers
upon the governor Of the state the
power to remove local officers who re-
fuse to do their duty. The substance
of the measure is contained in the
following two sections:
"All constitutional officers Of the
state not liable to impeachment and
all elective, county, township. city
and municipal and precinct officers,
except members of the legislature
may be removed from Office by the.
governor, after notice and hearing,
for malfeasance or crime or misde-
rueanor in Office, or for drunkenness
or gross incompetency or habitual or
wilful neglect OF duty.
AT any time after the mmence
ment of proceedings for the removal
OF an officer from office, under the
provision of the forcing section, the
governor may, in his discretion, sus-
pend such officer from the functions
of his once until the matter is dis
tSSSQ VI, aHQ IL SUN Suspension
takes place. the governor shall tenn
porarily fill the office by appoint-
ment."
There is nothing complicated about
this measure at all. 1t provides sim
ply that when a local officer has COM,
mitted a crime in his office or has
become addicted to drunkenness, or
is incompetent to perform the duties
of his office, or %habitually and wilfu!.
ly neglects to do the work of his Of
flee, he may be removed by the gov
ernor after a hearing. If the offense
warrants it, in the discretion of the
governor, that official may temper
arily remove the officer in question
during the hearing, and appoint some
one to fill the Office temporarily.
The genisis Of this law should be
known in order that 1t may be fully
understood. Chauncey Wood, as
mayor Of Rapid City and states at
torney of Pennington county, refused
to enforce the state laws, according to
numerous complaints sent to the state
capitol. 1t becme necessary for the
governor to send special prosecutors
into the county in order to induce re-
spect for certain statutes made and
provided for the state of South Da-
kota. The Methodist and Presby-
terrain pastors of Rapid City, who
were allied with a sort of law and
order movement in Rapid City, pro-
posed the passage of the above law.
1t was prepared under their direction
and at their request introduced by
Representative Drake of this county.
The measure appealed sufficiently to
the legislature to go through with a
virtually unanimous vote, including
the members OF Mt. Woods party.
Governor Vessey had nothing to do
with the passage of the measure, far
ther than to sign it. He does not ap-
pear now as the champion Of the
measure. He is perfectly willing
that the law should speak for ITSELF
But he does say in his speeches that
he can see nothing very dangerous to
the state in a law providing for the
removal of officers who refuse or fail
to enforce laws passed for the pro-
lection Of the state. It would appear
a good deal more dangerous to allow
local officers to fout state laws and
expose the public to ravages by crimi-
nails. A number Of states have this
same measure and in Iowa within the
year the mayor of no less Important
a place than Ottumwa was removed
by Governor Carroll, with the approx!
al of that town and Of the state.
Opponents Of this measure refer to it
as the "czar law" declaring it puts
in the governor power to rule abso-i
|lutely any city or town in the state, !
by removing the mayor and substi-
tuting n of his own selection. To
a certain extent the lines are drawn
upon this measure as they are upon
the county option law. In a general
way some opponents of county option
are not anxious for a very strict en-
forcement Of some of the state laws,
while all who are opposed to the sa-
loon are glad to approve any meas
ure that promises greater respect for
the laws.
JUSTICE IN ENGLAND.
In the trial and conviction of DR..