The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1912-09-12
A POLITICAL SUIT.

ion brought in The state supreme
lion to prevent the secretary of stale
from certifying to the various count
auditors the nomination of candi-
Gates for the state supreme court.
The object of the action is. of
course, perfectly obvious. While it is
BASED upon strictly legal grounds, 1T
has it's genesis with friends of two
in%cumbents of the state supreme
court, Justices Haney and Corson,
lin the June primary. These two judges
of course, will not sit in consider
alton of this case. 1t will be decided
by the other three members of the
court, Justices Whiting, Smith and
Mccoy. III it should be successful, it
would %sprevent the election of any
supreme court judges this year and
!, consequently continue Justices Haney
and Corson in Office until 1917. Incl
, uentally, it may also prevent the cleo
ton of new county judges throughout
the state, adding a year to the terms
of incumbents. No circuit judges are
up for election this year, but the on
@ stitutional provisions upon which the
, suit Is based apply to them as we'll
n and would. If the suit is successful,
change the time OF their election to
off years.
The state constitution fixed the
date of the first election in the state
y of South Dakota for October, 1883.
1t also provided for a general election
to be held in November, 1890, but
did not include the supreme judges
in the second state election.
Section rs, Article s. of the con-
~ ISti1utioHS says.
"The judges of the supreme court,
= circuit and county courts shall be
1T chosen at the first election held under
the provisions of this constitution
= and thereafter as provided by law
1t and the legislature may provide for
the election of such officers OF a diff
? ferent day from hat on which an
election is held for any other pur-
pose and may for the purpose of max
ing such provision, extend or abridge
the term of office for any of such
Judges then holding, but not in any
: case more than six MONTHS"
~ Section s, Article 5, of the consti-
II tuition provides:
"The term of the judges of the su.
a preme court, who shall be elected AT
the first election under this constitu-
: ton, shall be four years. AT all sub
a sequent elections, the term of such
/, Judges shall be six years."
Thus, it is seen, the constitution
y provides that the legislature might
change the date of holding the cleo.
ton of supreme court judges to a
date other than that on which the
general election is held, and for the
/, purpose OF effecting such a chang
from the general to a special election
the legislature was authorized to eX.
tend or abridge the term of judges
holding Office at the time. In 1893,
the legislature passed an act provid.
judges in off years. The Legislature
did not at that time deem it necessary
to extend or abridge the terms OF
any judges to accomplish the matter
of holding the election in off years.
In 1901, the legislature passed an
other act, placing the election OF
judges at the time of holding the
general election, and, to bring it
about, the legislature extended the
months and extended the terms OF
Is those to be elected for six months. IL
is this last act whose constitutional
ity was attacked by the suit brought
yesterday in the supreme court. This
e is based upon the claim that there
o was no authority in the constitution
for the change of the election of judg-
es from an off year to the general
election, and no warrant in the on
stitution for extending the terms of
e the then holding judges. The only
e authority for the extension of such
terms was for the purpose of chang
ing FROM a general election and
n not TO a general election. Neither