Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1916-10-26

or appointed who obtained his office
through party election or party endorse
f%easan &c ''e or crime m,en or a's. misdemeanor 'N in
office, or with drunkenness, or gross in
competency, or habitual or willful neg
iec1 OF DUTY. the party recall may at any
Ume be invoked against him by either OF
me two following initiatory methods as
provided in paragraphs "A and b" of
this section.
A. BY a written petition signed by
tnlrty-three (S3) per cent of the electors
of his party, within the territory from
Whieh ne was elected or appointed irving
ty and date of signing. shall be fled with
the secretary of state, and a copy thereof
WIN me party state chairman. In case
national committeeman or party repre-
sentatiVes occupying state, congressional
or federal offices; and with the county
ty county chairman. in case of county
offices; or with the municipal clerk. and
a copy thereof with the party county
ch a M IN case OF municipal Offices.
SIN l66) per cent or more of the member
OF ms party state central committee. Each
party committeeman signing such petition
shall add to his signature the name of
the county which he represents, the date
of signing, and his postoffce address in
case of recall of party state chairman.
representatives occupying national. con-
gressional or state or district elective Of
aces or federal or state appointive Of
fees, The original of such petition. for
the initiatory of a proposed party recall,
shall be filed with the secretary of state.
and a copy thereof with the party state
filings We're made in the office of the sec
rotary Of state; and for county purposes
by a written petition, signed by ~sixty-siX
ls6) per cent or more of the members
OF his party county central committee.
Each party committeeman signing such
petition shall add to his signature the
name of the precinct which he represents,
the date of signing, and his postofice
address in case of party representatives
occupying county, legislative and COM
missioner elective offices within the coun-
The original of such petition, of a proposed
recall, shall be filed with the ounty aud
itor, and a copy thereof with the county
Sec l25; Complaint Must Accompany
Of such petitions provided for in Section
specifically the charges made against the
said public officer, which complaint shall
be verified by at least twelve of the petit
and aiDdIe comp phd shali be- sl im rne saaa Ps'i pern
sonally, served upon the officer against
whom the party recall is invoked.
risdiction-Authority and jurisdiction is
hereby vested in the party state central
committee in case of national. congress
siona!, state and district elective offices
and federal and state appointive offices,
and in the party county central committee
in case of elective and appointive county
and municipal Offices, to hear the said
complaint and try and determine the
charges therein made against its W
party member
Sec. 1877. Party Chairman to Fix Date
Upon the filing Of said petition and com
plant. as provided herein, it shall be the
duty or the state or county party chair
nan, as the case may require, to forthwith
set the time and place where he and his
committee will hear the said charges,
which date shall not be less than ten or
more than thirty days from the date of
notice thereof upon the officer charged
in the complaint.
the party Chairman. state or county, as
the case may require, shall have fixed a
date for the hearing, he shall give imme-
to each member of his committee and a
copy of the complaint shall accompany
such notice, which notice shall contain
the date. hour, and place of said hearing.
by registered mail, upon the officer
charged in the complaint.
Hs sefi l2s. rart Sond Gsaerrl GSmmit the
day set for hearing. the members of the
party central committee present shall be
first sworn to try the issue raised in the
compla mt in the same manner as now
provided for swearing jetit jurors, and the
chairman of said committee or any mem
Der o. said committee elected by the ma
-jority at said hearing in place of, or in
the absence of said chairman, shall preside
at the hearing and administer all oaths.
The party electors, petitioning shall ap-
pear, at the hearing and the officer
charged shall appear. at the hearing, and
both may be assisted by counsel, and
the party chairman and his committee
shall proceed in the manner usually fol-
lowed in judicial proceedings to hear the
evidence which shall be given under oath
and to examine witnesses, and to make
a record thereof, if demanded and paid
for, and enter such decision as the facts
and justice shall require. The decision
of ninety per cent or more of the COM
mittee members present shall be final and
If the charges be sustained, formal find
ings shall be prepared and certified by
the chairman and secretary of the com
charged and with it shall be served as the
official party recall. a formal request
signed by the party chairman and secre-
tary that the officer charged resign from
said office, as promised in his written
declaration as a party candidate. If the
charges be not sustained, the complaint
shall be dismissed and notice thereof
served upon the officer charged, signed
by the party chairman and secretary.
Failure on the part of the officer charged
to resign. when thus formally and legally
requested, under his written party declar-
alton, shall constitute proof of his moral
misconduct and corrupt conduct" and
the office he shall occupy shall be de-
clared vacant by such party organiza-
ton.
Sec. 1870. Expense of Party Recall
(How Paid)-The entire expense of invok-
ing the party recall, as herein provided,
except the expense of the record, shall
be paid by the state in case of national,
state, congressional and district elective
offices, and federal and state appointive
offices, and by the county in case of coun-
ty and legislative offices, and by the mu-
nicipality in case of municipal offices.
Sec 131. Auditing of Fees and Expenses
-(Party RecalD-Each member of the
party, state and county central commit
tees, as the case may be. including the
chairman and secretary. shall be paid at
the rate of two dollars per diem for each
day necessarily spent in said hearings
and five cents per mile for each mile nee
essarily Travelled in going to and return
ing from said hearing. The party chair
man having jurisdiction shall audit all
bills and file the same with the secretary
of state, or county auditor, or municipal
clerk, as the case may require, who shall
present the same to the proper authority
for payment, which shall allow the same
and order them paid out of the respective
general funds.
ARTICLE THIRTEEN.
Vacancies-(How Filled)-contests-
(How Determined).
Sec. 1872. Vacancies on Primary Elec-
ton Board-(How Filled)--1f any person
appointed as a Judge or cle.k of a primary