Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1916-01-27
GOVERNOR BYRNE NOW
SENDING LETTERS TO
DAKOTA LEGISLATORS
Asks Their Advice About Call
ing Extra Session to Fix
New Date For Primary.

New Date For Primary.
Pierre, S. D.. JAM. 22.-Governor
Bryne is today sending out the follow
ing letter Of inquiry to all the members
Of h legislature of the state of South
Dakota to secure their views in regard
to the advisability OF a special session
OF the legislature for the purpose OF
amending the present primary law so
as to secure ar earlier general primary
date:
Ny Dear Sir: AS you know. the law
nomination Of af1 candidates for Office
shall be held or the first Tuesday in June,
which this year falls on the 9Th. The law
further provides:
In case the national political con-
vention OF any political party 80
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 shall
be held on the first Tuesday in
There is some question as to whether,
under 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
eonvention OF which has been called to
gates to the same from this state to be
eiected at the June primary" Person
ally, am of the opinion that 1T was the
intention of the legislature to provide that
II circumstances made an April delegate
primary necessary, all delegates to all ma
tional conventions should be elected at
such April delegate primary.
The national convention of one OF the
parties has been called to meet on the 18th
Of June, the day after the date of our
gates can not be elected at a primary held
on Tuesday, the result of the primary
a,scertained and their election reported In
time that they may be seated in the con-
ventlon on Wednesday. unless 1t should
happen that only one set of candidates for
delegates would be before the primary
and we can have no assurance that such
IT Is suggested that the chairman of the
state committee can telegraph to the ma
tional committee the names OF the list of
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.
1t is apparent then. that there is present
the emergency contemplated by the law in
the provision for holding a primary In
April for the election Of delegates. If the
'. vi III ta" III oSltllHk u III ApIlI
primary were plain. decisive. and without
conflict, the way would seem clear, but
such 1i1 seems not to be the case.
determine whether or not the April pri-
mary shall be %held-that is. to determine
when the emergency calling for such pri-
mary Is present-and no way to make sure
that such urinary would be held in all the
counties alike.
Again. in regard to enrolment or regis
tration: The law provides that:
mo aInnfnr y Ghon ha rnrr,ff{oj
to vote at any primary election
pnIess he is duly registered as herein pro
At the same time. 1t 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,
4th day of April offer to vote? The law
would say: You can not vote because
you are not r,egistered;" He might an
weeks yet In which to complete my regis.
t%ration: 7 have not failed to comply with
the registration law" What would be his
status? | 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 canvass
the vote for, and Issue credentials to. dele.
gates to all national conventions. The at.
torney general holds that with the repea'
OF the former primary law these commit.
tees have lost their legal existence-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 factc
organizations of their respective parties
with authority to act in all purely party
matters. but their authority or power te
perform legal acts under the statute
would seem very questionable.
SO we find there are conflicting and I'M.
certain provisions which render the hold
ing Of an April primary at least doubtful
Many citizens Of the state. including
some senators and representatives, hav,
suggested a special session of the legisla
ture for the purpose of adjusting thes,
provisions and setting the date for tn,
regular primary early enough to permi
delegates to all national conventions to b,
elected thereat. I have been giving thi
have determined to ask each member O
the legislature for advice and a state
ment Of his views. The constitution pro
to convene the legislature on extraordin
airy. occasions" implicitly only to NEE
such extraordinary occasion. This is tn
e eioSg. a and ! ~ f for calling a special ses
authority to call a special session to tax
up general legislative matter indiscrinl
lma.eiy. put feel that. If the legislature /
convened for the express purpose o
amending the primary law so as to recon
cue ITS provisions and provide for elect
lns aiI delegates and officers at the sam
primary action should be confined to tina
matter alone. h III but a few days ses
incurred relatively small.
80, L AVSPSSllulIy dSh YOU [
venience: "
First; whether. under the circumstance
you think a special session of the legisla
ture advisable?
nr second. whether you favor amending tn
primary law SO as to FIX the date for tn
regular. primary election early enoug
mat delegates to all party national con
ventions may be elected at such regula
primary.
Third. whether II an extraordinary ses
sion Is called YOU will attend and ,,art}ci
pate in Its proceedings.
Finally, I will be glad to have you max
suggestions on any phase Of the questio
that occurs to you. I want your adyic
and would like to lave 1t freely. fully an
I am writing this Identical letter 20 eac
member of the legislature. Sincerel
yours.
Frank NJ. Byrne. Governor.
MADISON-At the annual cuisines
meeting of the stockholders of the LAX
County Agricultural society it was decide