The Brookings register. [volume] (Brookings, Brookings County, S.D.) 1903-1971, 1914-07-30
OPINION ON p. M. PRIMARY

~ ~ Wv J" 'N'ENE
/ Attorney General Johnson has given
+ the following opinion on the post
master primary section of the state
( primary law:
Il will state that on March 4, 1918,
!, this department rendered an opinion
holding that article s of the chapter
referred to, would not be of force and
effect until after the primaries to be
held in the state of South Dakota on
March "a, 1914"
"Basing one opinion Upon the de-
cisions of our supreme court in the
case of State Eek Rel Cook VS.. Policy,
secretary of state, and particularly
upon the %concurring opinion of Hon.
Dighton Corson, at that time a mem,
Der of the court who states: L concur
with the majority opinion denying the
writ of mandamus in this proceeding
on the ground that the party commit,
tee now in existance has not been
elected by the enrolled electors, as pro-
vided by the primary act now in force
and that the committee, provided for
in the act will not be in existence,
empowered to make party indorse-
ments, until the March primary cleo
ton in 1914
Since this decision was rendered
by the supreme court of the state, and
or March "a, 1914, a state wide pri-
mary has been held and state and
parties have been duly elected. Such
being the case there can be no ques-
ton but that all of the provisions of
chapter POI of the laws of 1911, in
Guiding article s thereof, are of full
force and effect, and assuming that
this statute is constitutional, any per-
son violating any of the provisions of
the law are amendable to it's penalty
provisions found in section 154
Section 116 of the act provided
that it shall be the duty of the party
county chairman of the party ma
tional administration in power, 80 days
prior to the expiration of any post,
office commission in any municipality
in his county, or Immediately upon
any vacancy occurring in any post.
office, to post notices for the holding
of a postmaster's primary to take place
on the sixteenth day after the posting
o fthe notice.
Section III provides that any en-
rolled party elector Of the party ma
tional administration in power may
become candidates at such a primary.
Section 118 makes it the duty of
every municipal clerk to prepare and
cause to be printed an official NUM-
cipal postmaster primary ballot under
the Australian ballot system, contain
ing the names of the candidates, to
furnish an adequate number of such
ballots to the officers of the primary,
to supply all necessary election sup,
plies, and to appoint judges and clerks
for such a primary.
Section 119 of the act provided for
the payment of expenses of the pri-
mary, and sections 121 and 122 of the
law provided for the conduct of the
primary and %canvassing the vote.
This statement is, in my opinion,
mandatory. Party county chairmen and
municipal clerks mast comply with
article referred to, and if they do not
so comply, they subject themselves to
fine and Imprisonment as provided by
section 154, above cited. AS stated in
the opinion first referred to above,
dated March 4, 1913, it may be that
a few individuals, in order to further
their political interests of from honest
conviction may disagree with me in
the construction placed upon this sta
tute and in order that it's statute may
be definitely settled | would aspect
fully suggest that an appropriate legal
action be brought and the law con-
strued by the courts. This can be
done with very little expense, and this
department will lend it's assistance in
securing speedy decision"
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