The herald-advance. (Milbank, S.D.) 1890-1922, 1911-03-24
HANEY'S OPINION
MERITS OF RICHARDS PRIMARY
DISCUSSED ON REQUEST
OF GOVERNOR
MUST NOT TILL LAND YET
Leases Of State Lands are Cautioned
Not to Cultivate the Same This
Season as New Law is
Not in Force

Pierre-Upon completion OF the pro-
posed Richards primary law early IN
January, copies of the same were sent
to members of the South Dakota SUI
IRENE court. Since studying the Rich
ards primary law, Judges Whiting and
Haney have strongly favored its adop-
o and Governor Wesley, who sought
their opinion, as to it's merits, has
been so advised. Since the legislature
adjourned, and the judges can with
propr;ety express their personal views
upon tie proposed primary law. Judge
Haney has, upon solicitation OF the
press, granted the following state
ment:
Mr.. Richards proposed primary act
evidently was prepared with great
care. 1t affords abundant evidence of
arduous labor and exhaustive research.
It's phraseology is exceptionally clear,
definite and consistent. In its prepar-
alton, Mr.. Richards has had the as
sistance Of two able 1awyers-Mr.
Hanten of Waterfowl and Mr.. Fair
banks of Huron. There is not in South
Dakota another lawyer better quail
fed than MIR. Hanten to revise such
At measure, LC nav liS iol Noib ~
the subject close attention and being
far liar with similar legislation in
other states. Mr.. Fairbanks is a law
yer Of fine ability, studious, industrf-
Gus and especially well qualified to
properly express the terms of any pro-
posed statute.
"The Richards bill is comprehensive.
It is consistent in all it's details and
calculated to secure the objects by
the advocates of the primary sys-
EN-. These are some of it's principal
features:
"If enacted, it would enable a per-
son of moderate means to present his
claims to all electors Of the state,
district or county in which he is a
candidate, without involving him in
financial obligations, which are al
most certain to embarrass a public
officer.
1T would remedy an existing evil
by preventing one man Or a small
group OF men from selecting party
candidates.
1T would prevent electors of one
party from participating in the cleo
ton Of the candidates of any other.
1T would prevent self-constituted
leaders or bosses from controlling
appointments in furtherance Of their
own personal ambitions, reserving to
the members Of the party. or to the
organization itself, the right to make
recommendations in the interest of
the party itself.
1T is designed to safeguard In ev-
cry possible manner the right Of the
minority faction and the rights of the
worthy individual without any polite
al pull.
1T properly relieves candidates for
the higher judicial offices from the
embarrassment of declaring their
views upon issues foreign to the
duties Of their positions and to which
they have had no opportunity to give
attention.
1T would provide a party recall.
which is the only one permitted under
our constitution, and one which prob
ably would be as effectual as if it were
absolute.
FINALLY, it Is designed to place
principles above candidates: to secure
public officers who are in sympathy
with and who will have every incen-
tive to faithfully carry out the plat
form declarations and principles OF
the organization they represent; to
give the members Of each organized
party power to select its candidates
and control it's policies aud to elimin-
ate the political boss It's enactment
would tend to preserve. not to destroy
party organization. The form of of
fnsoJ wv, ~, n wv LDJ1ok ~,~rytI~l - -s-1
pie and scientific.
Every citizen who believes in the
primary system should give this
measure careful consideration for the
cake of the measure itself.
In my opinion, whatever may be-
come of Mr.. Richards bill, If its essen
tial features are not sooner or later
enacted into law, statewide direct
nominations will be abandoned in this
state