The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1912-12-12
TEST CASE Will
Be BROUGHT ON
RICHARDS LAW
Republican Commit
tee Members Reach
This Decision
ONLYONE
On That Supreme Court Will
Be Asked to lnerpret
the Measure
ENDORSE ONLYONE

dependently, Il result approximating
an understanding between the repub-
lican and democratic committeeman
who met here today was completed
this evening, by a recess to Friday
the third of January, on the part OF
both committees after Il few endorse
mcnts. The republicans, by unani-
nous OF those present, / total of
1000 votes endorsed Alfred N. Cook
of Ncrmillion as state food and drug
commissioner, the only other appli-
cant A. III. Wheaton OF Rapid City
Telling to receive the vote of any of
the committeeman present.
The democrats unanimously en-
dorsed Matt Plunkett OF Deadwood
for United States marshall; and E. T.
Grua of Howard for United States
attorney.
The presiding officers of both meet
ings with attorneys carried these
endorsements to the secretary Of
OtdLGt IN SAoSiSldiIt koSSlC taly 4Ncl
son noted upon them his refusal to
file, basing the action upon the opin-
ion of Attorney General Johnson.
This action ceans an immediate APP
plication to the supreme court for
an order requiring the filing to be
made, which will test the legality OF
the committee meeting yesterday,
and which if c1ctninn1 rlnafe a riIc1
on the third of January.
Very few democratic applications
for appointment were filed, but the
republican list was so long, on, but
only one WAS acted upon.
While the attendance at the first
state committee meetings under the
Richards primary act was not very
large, those who came went ahead
with the work before them and put
the situation in shape for a test suit
in court as to the rights and powers
of the committee under the new law,
and action will be brought at once to
test the issues. While not absolutely
the case as Il general proposition
those who came to attend the meet
ings both republican and democratic
are of the minority factions, and the
talk in regard to those who refused
to attend or take a part was directed
against what they called the refusal
OF the old party machines headed by
Crawford of the republicans, and
johnson OF the democrats, to come
under the provisions of the law, and
assuming in the discussion that fear
OF possible endorsements not to the
liking of the old organization was
the reaso for staying away
Mr.. Richards, the man whose ideas
are embraced in the new law was OH
the ground, but took no active part in
the work of the committee. In his
discussion of the situation he took
the position that Mr.. Sherwood, as
chairman of the state republican
committee had sen out letters to the
members of the committe signed by
him as chairman, in which he took
the position hat the old committee
has been abolished by the new law
and had no right OF meeting, but a
the same time asked them as chair
man of a committee which he declar,
ed no longer existed, not to attend
and this action Mr.. Richards says
does 0 make Il proper showing OF
good faith and along with that II,
criticizes the managers of the pro
gressive faction of the republican
party with their refusal to grant Il
their own committee the right to pass
upon appointments.
PaImley's View.
Chairman Parmley. of the repub
1ican committee meeting, on his Sc
lection, took the following position
in regard to the situation:
1--WE have met under a law PLACED
upon our statute books by the people
of South Dakota, to perform Ger
tain duties for III respective partie
and state. 1t is not for US to question
the wisdom of that law, or to at
tempt to annul or abridge, or brusl
is aside. True it is somewhat recol
utionary in its provisions, and un
tried in practice; but by a majorit
of practically twenty-five thousand
the people of South Dakota hav
said they wanted it. and it is doubt
full whether any one but the peopl
can erase it from the statute books
We have been given much gratuit
Gus advice as to our duties and pow
ers, for all of which, | for one al
thankful. | think we shall as soon a
possible, with as little expense a
possible, and with as little conter
ton and confusion as possible. i
the courts ascertain our legal statu:
Political parties, state and maj
ional, are in a somewhat chaoti
state. If a ruling of the higher coul
as to who is who, and what is whs
can be had, it will clarity the pol
teal atmosphere. and to a certain de
gree put at rest questions that cor
front us at every turn. AS a membe
of the republican state central con
mittee. | want to go upon record. .
being in favor of acting with delit
Grafton on all questions of state-wid
Importance until we find II standin
with the court of last resort"
Abreed selections had Deer ma
out of the list of applicants, and q
soon AS these had been officially &C
ed upon by the two different con
mittees, they were taken to the oftic
of the secretary of state, and offere
for filing as provided under the iav