Forest City press. (Forest City, Potter County, D.T. [S.D.]) 1883-19??, 1916-01-26
GOVERNOR BYRNE NOW
SENDING LETTERS TO
DAKOTA LEGISLATORS
Asks Their Advice About Call
ing Extra Session to Fix
New Date For Primary.

or the legislature of the state of South
Dakota to secure their views in regard
TO The a~dvisability of Il special session
or the legislature for the purpose OK
the present primary law so
as to secure an earlier general primary
date:
MY Dear Sir: AS YOU know. the law
provides that the primary election for the
s sha11 of all candidates for office
snall be held on the first Tuesday in June.
Whlch this year fails on the 9Th. The law
further provides:
In case the national political CON
Nen'ion of any political party 800
mas been called to meet at a date
700 early TO allow delegates to the
same from this state to be elected
az me June primary. a primary TOR
,he election of said delegates shall
De held on the first Tuesday in
There is some question IA. to whether.
a ', the proyision above quoted. the
all parties shall be elected at the April
primary, or only those Of the party the
convention of which has been called to
elected at the June primary" Person
any. am OF the opinion that it was the
intention of the legislature to provide that
primary necessary. all delegates to all ma
tional conventions should be elected at
SNGGIA HpilI OeleSdIe primary.
n national convention of one OF the
parties has been called to meet on the 9Th
OF off,, June, the day after the date Of our
gates can not be elected at a primary held
on Tuesday, the result OF the primary
ascertained and their election reported In
Tune that they may be seated in the con-
yyention on Wednesday. unless it should
happen that only one set Of candidates FOR
delegates would be before the primary.
Will be the case.
It is suggested tina the chairman of the
t t1a1e committee can telegraph to the ma.
delegates selected. and tina upon the
strength Of such telegram the delegation
named may be seated. but. clearly. In a
possible for the chairman to know with
certainty who was elected so as to report
70 the national committee or convention in
gates.
1t is apparent then. that there is present
the emergency contemplated by the law In
April for the election OF delegates. If the
terms OF the law providing for the April
pr,nsary were plain. decisive. and without
confict. the way would seem clear. but
such seems not to be the case.
First. there is provision for any one to
determine whether. or not the April pri-
when the emergency calling for such pri-
mary is p~resent-and no way to make sure
counties alike.
Again. in regard to enrolment or regis
tra aMo :,o The law provides that:
unless he is duly registered as herein pro-
A.. the same time. it gives the elector
until. the about the middle of May follow
ing TO complete his registration. What.
then then o you'd lib be the status Of the voter,
18th day of April offer to vote? The law
would say: You can not vote because
you are rot registered" He might an
weeks yet in which to complet my regis.
t%ration; have not failed to comply with
the registration law" What would be his
s.atus? do not know.
Again. the law makes 1t the duty Of the
chairman and secretary Of the state CEN
trail committee. of all parties. to v
gates to all national conventions The at
torney general holds that with the repeal
OF the former primary law these commit
there are neither members or officers Of
u committees. We may overlook this
as, far asca as party T.. matters are considered
organizations of their respective parties
with authority. to act in all purely party
MATER nsrfnrm but 1eta their arts aut aS%iE or power to
90 y. and there are connicting and un-
certain provisions which render the hold
ing OF an. April primary at least doubtful.
some senators Int representatives. have
suggested a special session Of the leglsla-
ture for the purpose OF adjusting these
provisions and setting the date for the
regular primary early enough TO permit
elected thereat. I have been giving e this lie
recommendation careful consideration and
have determined to ask each member Of
ment Of his views. The constitution pro
vkdes that the governor shall have power.
to convene the legislature OF extraordin.
such extra ordinary occasion. This is ne
only authority for calling a special ses-
sion. and do not consider that I have
up general legislative. matter indiscrim-
lnately. but feel that. II the legislature is
convened for the express purpose Of
cue It's provisions and provide for elect
ing al. delegates and officers at the same
pramary action should be confined to that
matter alone. Thus but a few days SEES
SION wuuld be necessary and the expense
incurred relatively small.
| respectfully ask you to
First: whether. under the circumstances.
fSre ' aan;.sh special session of the leeisla-
second. whether you favor amending the
primary Law so as to fx the date for the
hat. delegates to ali party national V CON.
ventions may be elected at such regular
AIa.us Wnetnef II an extraordinary SEES
sion - called you will attend and partici-
pate IN Its proceedings.
Finally. I win be glad to nave you make
cu9gesttons on any phase of the question
Snet occurs to you ] want your advice
frankly.
I am writing this Identical letter to zach
Of the legislature. Sincerely
yours.
Frank NJ. Byrne. Governor.
M nr0nN "A 49, ~n-.a -