The pioneer-review. [volume] (Philip, Haakon County, S.D.) 1920-current, 1920-11-11
CANDY MAY CONTEST
ELECTION OF WILLIAMSON

the congressional campaign In this
district has not yet been reached
Although Judge Williamson rece1v.
ed a majority of approximately
two thousand at the recent cleo
tion, there are those who hint
that he will not be allowed to qua
lily without struggle. We doubt
this, but the situation is interest
ing nevertheless.
Judge Williamson was in Nov
ember, 1918, elected to the office
of circuit Judge of the eleventh
judicial circuit for a four year
term term commencing january i, 1918.
Section 35 of Article 5 of the con-
stitution of the State of South Da-
kota is as follows:
mo Judge of the supreme or
circuit court shall be elected to
any other than a judicial office,
or be eligible thereto, during the
term for which he was. elected
such Judge. All votes for either of
them during such term for any ell
ective office, except that of Judge
of the supreme court, circuit or
county court, given by the legisla-
ture or the people shall be void I"
Democrats who are versed in
constitutional lore insist that this
disaualifies Judge Williamson as a
candidate for congress during his
term of office as circuit Judge, and
made void every vote that was
east for him. The natural result
of this logic is that Harry L
Candy and not Judge Williamson
was elected to congress from this
district at the recent election.
Of course, this constitutional
provision was known to these de-
mocrats, just as it was known to
many republicans during the cam
paign, yet no use was made of the
point in any way in the campaign
The fact that this matter was not
paraded by the democrats has puz-
zled the republicans not little.
Every week they expected broad
side delivered at Judge Williamson
on the question of his eligibility,
but it did not come. 1t has been
suggested that Mr.. Candy may
have considered it improper or
bad politics to use the eligibility
issue against his opponent, but
it will be remembered that he used
the same issue, and used it effect
lively against Judge Rice, the re-
publican candidate six years ago.
And it would seem that Judge
Rice was not as likely target as
as Judge Williamson. Judge Rice
resigned before entering upon his
campaign for congress; Judge Will
Hanson did not resign.
In this connection it will be re-
called also that the question of
the eligibility of circuit judges
for political office has figured pro
minently in several contests in the
eastern part of the state. Congress
man Royal G. Johnson made much
OF it against his republican oppon-
ent, Judge McNulty, in the prim-
ary campaign of eight years ago.
Both candidates were residents Of
Aberdeen, and the newspapers of
that section in that campaign dis
cussed little else than the matter
of the eligibility and propriety Of
a circuit judge seeking an elective
office during his term.
But there was hardly a breath
of this thing in the Third District
during the recent campaign. Not
a newspaper in the district, so far
as we have observed, commented
on the matter at all
Can it be possible that the dem
ocrats were holding back this
card? Again we say that we doubt
it, but nevertheless rather reliable
report has it that contest may
be instituted
The house of representatives is
under the federal constitution it's
own Judge Of the election and eli
gilibility of it's members. An at
tempt could therefore be made to
bring the congressional election in
this district before the committee
on elections Of the House, and the
point made that Judge Williamson
was not eligible as . candidate and
that all the votes cast for him
were void, thereby leaving Mr..
Candy as the duly elected member
to succeed himself The trouble
with this calculation is that the
next House Is overwhelmingly re-
nlblican. The committee on elec-
ions, Consisting Of thirteen mem
berss will likely contain eight re-
and Ave democrats. 1T
will be seen at once that any move
~ ,lnsfat renubl lic1n congress