The Brookings register. [volume] (Brookings, Brookings County, S.D.) 1903-1971, 1916-11-02

ment is charged with misconduct, or NAL
feasance, or crime, or misdemeanoI in
office, or with drunkenness, or gross in
competency, or habitual or willful neg
lect of duty, the party recall may at any
time be invoked against him by either of
the two following initiatory me5h09S as
provided in paragraphs "A and b. of
this section.
A. BY a written petition signed by
thirty-three (33) per cent of the electors
of his party, within the territory from
which he was elected OF appointed giving
the postofice address, precinct and coun-
~ and date OF signing, shall be hled with
the secretary of state, and a copy thereof
with the party state chairman. in case
of recall OF party state chairman, party
national committeeman or party repre-
s~entauvcs occupying state, congressional
auditor, and Il copy thereof with the par
~ county chairman, in case of county
Offices: or with the municipal clerk. and
a copy thereof with the party county
chairman, in case of municipal offices.
Is by a written petition signed by sixty
six (s6p per cent or more Of the members
Of his party state central committee, Each
party committeeman signing such petition
shall add 10 his signature the name of
the, county which he represents, the date
OF Signing, ana his postuffCe address in
party national committeeman or party
representatives. occupying national, con-
EiNSS.'nt or state or district e~.ectlNe OF
fees or federal or state appointiVe Of
fees. The original OF such petition. for
the lultiatorN of a proposed party recall,
shall be filed with the secrctary of STATE,
and a copy thereof with the party state
chairman. for officers for whom proposal
filings were made in the office of the Sec
rotary Of state; and for County urpoS
by Il written petition, signed by SlNty-SiN
(66) 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 postotilce
address in case OF party representatives,
occupying county, legislative and COM
missioner elective Offices within the coun-
~ or appointive offices within the county.
The original of such petition, of a proposed
recall, shall be filed with the county aud
itOr. and 4 copy thereof with the county
party chairman.
Sec. l25. Complaint Must Accompany
P~etition-There shall be filed with either
Of such petitions provided for in Section
l2i n 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 q copy of the said petition
and complaint shall be Immediately, per-
sonally, served uron the officer against
whom the party recall Is invoked.
See. 1926. Party Committee to Have Jul
risdiction-Authority and jurisdiction is
hereby vested i'm the party state central
committee in case OF national. congress
sional, stote and district elective offices
and federal and state appointive offices,
and I'm the party county central committee
in case Of elective and appointiyc county
and municipal offices, 20 hear the said
complaint and try and determine the
charges therein made against it's own
party member.
Sec 1877. Party Chairman to Fix Date
of Party Central Committee Hearing
Upon the filing of said petition and COM
plaiut, as provided herein, IT shall be the
duty of the state or county party CHAIR
+ nan, as the case may require, TO forthwith
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.
Sec. 12S. Notice Of Party Contra Com
mittee Hcariug-Giow Served)-When
the PARTY chairman. state or county, as
the case may require. shall have fixed a
date for the hearing, he snail give lmme-
date notice thereof by registered mail
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,
and he shall serve = copy Of said notice,
charged in the complaint.
Sec. 1919. Party Central Committee
Hearing-jHow .Conducred)-tpon the
party central committee present SHAH he
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 Ommitt or any mem
Der Of said committee elected by the ma
iority 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 pctitioninG 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 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
n 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
mittee and served upon the officer
charged and with it shall be served as the
official party recall, a formal request
Etary 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. 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 appointiye
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
-CParty 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 audi 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 came
and order them paid out of the respective
general funds,
ARTICLE THIRTEEN.
Vacancies-(How Filied)-Contests-
(How Deterrnined).
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
act as such, the place of such person shall
be Allied by the electors of the urecinct