The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1914-03-19

action Of the Rice following in the
Black Hills, because the Second dis
trict is not stalwart az is The Third.
Burke o with a plurality vote in
the three-cornered contest of two
Years ago. Furthermore, McNulty is
an Aberdeen man and as two OF the
principal stalwart leaders live in Abb
erdeen and as Aberdeen has been
yearning for a congressman for many
years and as it was believed Nc
Nulty's candidacy would help Burke's
campaign for the Senate in the Sec
ond district, and as there Was nc dis
tinctly logical stalwart candidate for
the place, McNulty's selection was
quite the natural thing.
Is McNulty Barred?
The principal opposition to McNut-
ly--and one Of the grounds for the
fight on Rice in the Thirds based
upon Section 35 of Article V. of the
South Dakota State Constitution,
which provides as follows:
mo judge of the supreme or cir
cuit courts shall be elected TO any
other than Il judicial office, or nc eli
gible thereto, during the term for
which he was elected such judge
DUH MC4>Qlly ana ftic: IcSlSItl
as judges in entering upon their cam
paigns for congress, but this OF course
does not alter the fact that they are
seeking an office other than judicial
during the term for which they were
elected and which does not expire
until next January. 1t is contended
for them, however, that the state
constitution cannot attempt to pass
upon the eligibility OF any man for
election to congress, which, under the
federal constitution, is made sole
judge OF the right of any of its mem
bers to their seats.
Johnson Avoids Trap.
Friends of McNulty attempted to
settle the question by bringing an ac-
ton before the supreme court, over
the right of McNulty to q place on.the
ticket. But the supreme court re-
fused to consider the question on its
merits, saying that the law provides
that such names as McNulty's should
be placed on the ballot. If it was
thought that johnson would be trick
ed into contrasting this action. in his
capacity of encouragement, this was
a delusion, for Johnson refused to
appear in the case and rendered an
opinion saying that the question oil
McNulty's eligibility could not be
raised until after he had been elect
ed.
Both McNulty and johnson are
making an active campaign and doing
plenty OF speaking. Both are clean
lcut and progressive in their makeup.
, Each has a host of personal friends.
Each has been successful in politics,
and, while McNulty is the more eX-
perienced, johnson has whatever adj
vantage there may be in the support
of the state administration.
old Line-Up in the First.
In the First district appears the
accustomed lineup of stalwart VS..
progressive. Dick" Woods. as the
stalwart candidate is known to every
body, has probably as wide a person
al acquaintance over the state as any
politician in the state. Undoubtedly
more men call him by his first name,
than address any other public char
acter of the state i'll that way. As an
insurance solicitor he has been re-
markably successful. But he has fully
as wide a reputation as a :booster'
for South Dakota. There never has
been an occasion when "Diek" Woods
could do anything for his city or state
when he has been known to refuse.
| His enthusiasm for South Dakota is
infectious and this, together with his
unique ability to make friends, con-
stitutes his chief asset.
Congressman G. Fl. Dillon, up for
reelection in the First, is.an old war
horse with the progressive repub-
lican forces of the state. His noinina-
ton two years ago over o. l.. Bran
son Of Mitchell caused general sur
prise and won considerable respect
for his. ability as a politician and a
campaigner. He has made no serious
mis-step in his service at Washington
since he took his seal there and he
has in his favor the fact that he is
up for a second term and that his
district is generally conceded to be
progressive Republican whenever the
line is clearly drawn.