The citizen-Republican. (Scotland, Bon Homme County, S.D.) 1???-19??, 1916-01-27
BYRNE NOW
SENDING LETTERS TO
DAKOTA LEGISLATORS
Asks Their Advice About Call
ing Extra Session to Fix
New Date For Primary.

NJ nv - #tSHSS Vii6AAi NHN :
ing letter of inquiry to all the members
of the legislature of the state OF South
Dakota to secure their views in regard
to the a~dvisability of a special session
of the legislature for the purpose of
amending 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 l
nomination of all candidates for office
shall be held on the first Tuesday in June,
which this year falls on the 9Th. The law
further provides:
In case the national political con-.
vention>o of any political party -
has been called to meet at a date
too early to allow delegates to the
same from this state to be elected
at the June primary. a primary for
the election of said delegates shail
be held on the first Tuesday in
There is some question as to whether.
hnder the provision above quoted. the
delegates to the national conventions OF
all parties shall be elected at the April
primary, or only those of the party the
convention of which has been called to
meet at a date too early to allow dele
gates to the same from this state to be
elected at the June primary Person
| ally, ! am of the opinion that 1t was the
intention of the legislature TO provide that
If circumstances made an April delegate
primary necessary. all delegates to ali ma
tional conventions should be elected at
such April delegate primary.
Tn national convention Of one of the
parties has been called to meet on the Ith
OF, June, the day after the date of our
primary election. It Is apparent that dele
gates can not be elected at a primary held
on Tuesday, the result of the primary
ascertained and their election reported in
time that they may he seated in the con-
vention on Wednesday, unless 1t should
happe that only one set of candidates for
delegates would be before the primary.
| and we can h1ya M n SSl1rnnra that SlrHh
viii be the case.
Tt is suggested that the chairman of the
state committee can telegraph to the ma
tional committee the names of the list of
delegates selected. and that upon the
strength of such telegram the delegation
named may be seated: but. clearly. IN a
contested primary election it would be i'm
possible for the chairman to know with
certainty who was elected so as to report
TO the national committee or convention in
time to allow the seating of the dele
gates.
the emergency contemplated by the law in
the provision for holding n urinary in
April for the election of delegates. If the
terms of the law providing for the April
primary were plain. decisive. and without
conflict, the way would seem clear. but
such seems not to he the case.
First. there Is provision for any one to
determine whether or not the April pri-
mary shall be ~held-that is. 10 determine
when the emergency calling for such pri-
mary is present-and no way to make sure
that such primary would be held in all the
counties aIike
Again, in regard to enrolment or regis
t%ratiou: The law provides that:
NO elector shall be permitted
to vote at any +" e . primary election
vided"
At the same time, it gives the ~elector
until the about the middle of May follow
Ing to complete his registration. What,
then. would be the status of the voter,
who. not being registered. would. on the
4th day of Anril offer to vote? The law
l WOlll1- Y ''NnIr n n nnf ~ 1A1a,,-~
you are not registered" He might an
swer: Yes. hut the law gives me six
%tration:: I have not failed to comply with
the registration law What would be his
status? I do not know.
Again. the law makes it the duty of the
chairman and secretary of the state CEN
trail committed. of all parties. to canvass
the vote for, ard issue credentials to. dele
gates to all national conventions. The at
torney general holds that with the repeal
OF the former primary law these commit
tees have lost their legal existenee-that
there are neither members or officers of
such committees. We may overlook this
as far as party matters are considered
and recognize the committees as de facto
organizations of their respective parties
with authority to act in all purely party
matters, but their authority or power to
perform legal acts under the statute
would seem very questionable.
SO we find there are conflicting and un-
certain provisions which render the hold
Ing of an April primary at least doubtful.
Many citizens of the state. including
some senators and representatives. have
!, suggested a special session of the legisla-
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 this
recommendation careful consideration and
nave determined to ask each member OF
, the legislature for advice and a state
! ment of his views. The constitution pro
!, vides that the governor shall have power
70 convene the legislature on extraordin-
7 Il aTy occasions tnnnlfnilV on1v IN r,oaf
; such extraordinary occasion. This is the
$ oniy authority for calling a special SEES
authority to call a special session to take
up general legislative matter indiscrim.
inataiy, but feel that. if the Legislature is
amending the primary law so as to recon.
5 cue IFS provisions and provide for elect.
] ang al delegates and officers at the sam.
primary, action should be confined to tina,
matter alone. Thus but a few days SEES.
SION would be necessary and the expense
D incurred relatively small,
Acordinglv, I respectfully ask YOU t.
. hanuiy let me know. at your earliest con,
!, First. whether. under the circumstance
! you think a special session of the lngisla.
; ture advisable?
Second. whether you favor amending TIL,
primary law SO as to FIX the date fer Tho
regular primary election early enough
i tnat delegates to all party national con.
: vsnIlons may be elected at such regulal
Third. whether if an extraordinary ses
S SION Is called you viii attend and partici
q pate in its proceedings.
finally. ] will be glad to have you max,
! shggestions on any phase OF the question
ina occurs TO you. I want your advic,
frankly. ~ AAs
am writing this identical letter to eacf
yours.
Frank y. Byrne. Governor.
: MADIsoN-At the annual business
meeting OF the stockholders of the LAX,
E County Agricultural society it was decide,
g 70 hold this years fat. of the society 81
3 september s, and 8. The following on
: GERS We're elected for The coming year
y PRESIDENT. D. NJ. Finnie; vice president
= sonn q. Groee; secretary. A. G. Schmidt
treasurer, Jesse Mackay.
LITTLE GIRLS TONGUE is
vi FROZEN TO IRON POST
= Chamberlain = n Jap ~ rrh. :