Saturday news. (Watertown, S.D.) 19??-19??, 1912-09-19


of the state by Attorney T. H. Null
of Huron would prohibit the secre-
tary Of state from # certifying the
names of any candidates for the SUI
preme bench to the county auditors,
thus preventing a judicial election In
November. If Null's position that the
1901 statute under which this cleo
ton is held, is unconstitutional, is
upheld by the court, then the cause
of action for the first case will be.
removed. The Null case directly af-t
fects three of the judges themselves,
Haney, Corson and Whiting. If the
roint made is correct, then judicial
elections can only legally be held
under the law of 1898, the last of
which elections occurred in 1899, and
the above named judges have been
purely holdover officers since the ex-r
piration of their term on July /, 1906.
There seems to be three different
opinions as to the effect decision
sustaining the Null case would have
on the terms of the judges, the first
two being based on the interpretation
of Sec. Sc, Art, V. of the constitution,
"All judges or other officers of the
supreme, circuit or county courts -
shall hold their offices until their;
successors respectively are elected or
appointed and qualify" The first
point of view is that their positions
will be automatically vacated at the
expiration of their regular terms on
January l next; their successors to
be appointed by the governor. II this
is true, in case Johnson is successful
it would mean three Democrats on
the supreme bench. The second po-
sition taken, and the one which seems
to have the most authority In its
support is that the present incumbents
will hold over as de facto officers un-
til January l. 1917. The court has
already held in a late opinion, Jones
v. Roberts county, 131 N. W. S61, an
analogous case, that a county super
intendent should hold over until his
successor could be elected and quail
ified-this in the face Of an express
constitutional provision that his term
must be limited to four years on the
principle that the law abhors a yacan-
cy in office. The third viewpoint is
that the three judges, Corson, Haney
and Whiting are purely holdoYer of
ficers since July i, 1906, and that un-
less interefred with that they will
fill the present term ending the first
Eof January, ls17 but being only De
facto Judges the legislature is not
hound by constitute nai limitation
making their terms Of once Six years
and may interfere. The hearing viii
The this week.
The third political case is that Of
John Gray Of Dead brought by
The stalWart element to keep the
1 Huron electors on the Noyember bal
Hot in the Republican column, ia ac:-
Ition to prohibit the Secretary of state
from placing their names on the bal!
lot. 1T lis very similar to the Kansas
i case. al q brief ct
r great length recites that these men
were formally and legally nominated
lat a formally and legally called Re
4 publican state convention, and that BY
immemorial custom they are bound
norally and legally to support IN the
Electoral college, Il elected the Re
publican nominee for President, Pres
slident Taft and further alleges that
they will not do this hence they have
no right to q place on the ballot as
Republicans. The oral argument viii
be heard September 19. Iss
Washington, D. Ct, Sept Is Tho
q sixtysfirst Congress, with republi
lean majority in each house, under the
d steady but not spectacular pressure
Of President Taft enacted more pro
gressive and sound legis laion than has
q stood to the credit Of any Congress ii
generations. The sixty-seccnd Con
& gress showed more inaptit,de Il
4 III the House, closed Its second session
recently with q startling record Of
things left undone Rarely has d Cor
Il gress exhibited more ineptitude IN
legislation than this, we'll merits
i the criticism Of Hon. James b Mann
republican leader, who declares thai
'sthis Congress has enacted laws few
er IN number and of less Importance
lltllsn any session IL recent years. !, 'ss
Among the measures enacted BY The
q sixty.hrst Congress ii the first two
years Of President aft q adniniatra
tion are The GLOWING Providing fol
I an excise TAX Oh scorpo lions. q laM
(which is working most satisfaet oril5
and producing 4 hand sone revenue;
Il establishing q postal savings bank
4 Ssysten, imp rowing ami perfecting hi
ii euiplorers lfabilffv Al .f3s sefsrp 4Ysiyii,p