The Miller press. [volume] (Miller, S.D.) 190?-current, 1916-10-26

case of any party or public officer elected
or appointed who obtained his ONCE
through party election or party endorse
ment is charged with misconduct, or mall
~feasance, or crime, or misdemeanor in
office, or with drunkenness, or gross in
competency, or habitual or willful neg
lect OF duty, the party recall may at n
time be invoked against him by either of
the two following i~nitiatory methods as
provided In paragraphs "A and b. OF
A. BY a written petition signed by
thirty-three (33) per cent of the electors
OF his party. within the territory from
Whlch he was elected or appointed giving
the postoffice address, precinct and coun-
~ and date of signing, shall be filed with
the secretary of state, II n copy thereof
with the party state chairman. in case
OF recall OF party state chairman, party
national committeeman or party repre-
SentatlVes occupying state, congressional
or federal offices; and with the county
auditor, n a copy thereof with the par
~ county chairman, ia case of county
offices; or with the municipal clerk, and
q copy thereof with the party county
chairman, in case of municipal offices.
b. BY a written petition signed by sixty
six GOO per cent or more of the members
or his 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 postofice address in
case Of recall of party state chairman,
party national committeeman or party
representatives occupying national, con-
gressional or state or district elective Of
hces or federal or state appointiye Of
nceS. 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
chairman, for officers Tor whom proposal
filings were made in the office of the sec
rotary of state; and for count purposes
by a written petition, signed by ~siXty-slx
(6S) 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-
~ or a~ppointive offices within the county.
The original of such petition, of q proposed
recall, shall be fled with the county aud
itor, and a copy thereof with .the county
party chairman.
Sec. 125. Complaint Must Accompany
Petition-There shall be filed with either
Of such petitions provided for in Section
ia a complaint in writing setting out
specifically the charges made against the
said public officer, which complaint shall
be verified by at least twelve Of the petit
toners, and a copy of the said petition
and complaint shall be Immediately. per-
sonally, served upon the officer against
whom the party recall is invoked.
Sec, 126. Party Committee to Have Ju-
hereby vested in the party state central
committee in case of national, congress
sional, 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 it's own
party member
Sec. 127. Party Chairman to Fix Date
Of Party Contra Committee Hearing
Upon the filing Of said petition and COM
plant, as provided herein, it shall be the
duty of 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
Sec. 128. Notice of Party Central Com
mittee. Hearing-(How Served)-When
the party chairman, state or county, as
date for the hearing, he shall give imme-
Hate notice thereof by registered mail
to each membe 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,
and he shall serve a copy Of said notice,
by registered mail, upon the officer
charged in the complaint.
Sec. 1913. Party Central Committee
Hearing-Gow CONFEDERATION the
day set for hearing, the members of the
party central ommitte present shall be
first sworn to try the issue raised in the
complaint in the same manner as now
provided for swearing jetit jurors, and the
chairman Of said committee or any MEM
Der of said committee elected by the ma
jOTity 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 APP
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 mmit
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 1nd-
ings shall be prepared and certified by
the chairman and secretary of the COM
charged and with 1t shah be served as the
official party recall, a formal request
signed by the party chairman and secre-
tary that the officer charged resign from
declaration as a party candidate. II 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
reQ"csted, 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. 100. 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 pad 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, IS 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 Fi.ed)-contests-
(How Determined).
Sec. 1872. Vacancies on Primary Elec-
ton Board-(How Filled)-If any person
appointed as a judge or clerk Of a primary
election shall neglect to be sworn or to