The herald-advance. (Milbank, S.D.) 1890-1922, 1920-10-15
VITAL RULINGS MADE
6OUTH DAKOTA ATTORNEY GEN.
ERAL RENDERS A NUMBER
OF DECISIONS.

Aey general several Of general inter-
est, in this list being one in which 1t
II held that under the game law Of this
state as It stands. no game birds q
be held in cold storage without viola
ton OF the law; that while the legis.
lature would have the power to allow
such disposal Of game birds, it has not
50 done, and undoubtedly did not in
tend to allow such handling Of game
birds. Under the construction OF the
different provisions OF the election
be sent to the voters by county audi
tors. not only Of the constitutional
amendments and referred laws, but Of
the ballots containing the names Of
the different candidates as well. This
decision is on inquiry as to whether
the auditor is required to go beyond
the legal questions submitted in send
ing out his sample ballots. On an
inquiry from a county which apparent
" sees an opportunity to a W money
on a road grading contract, it is held
that under the highway law of the
states any contractor must give a val
i'd bond Tor completion of the work
under his contract. and that a contract
without this bond will not be binding
upon the county. In this case the bid
was taken at so low a rate that surety
companies refuse to write a bond for
completion Of the work at the rate OF
the bid. The contractor apparently,
cannot furnish a personal bond, and
while he is apparently willing to try
the job at his contract price, under
The construction OF the law he cannot
legally proceed. In another opinion as
to the right OF fees it is held hat SO
far as fees under the state vital Stats
teal law are concerned, it is required
that these be turned in, but that SO
far as fees under the federal natural
ization law is concerned, these may
be legally retained by the clerks OF
courts. The county commissioners OF
Hanson county want to know as to
the validity OF a claim for $500 for
marking the Custer highway across
that county, and it is held that while
county commissioner are required to
plainly mark highways. before they
can legally contract for the same the
highway must be one which has been
officially designated as a highway by
the state highway commission
The shortage Of cars in Philip is
acute, and the marketing Of grain and
stock is being greatly hampered as
a result. The farmers elevator has
l4or III - roz,,ro o,1 tryO n rc 6ptr
ing September and other elevators
have Jared about the same. Neither
grain nor live stock can be shipped.
and this is causing a heavy financial
loss, especially to stockmen, who had
made all arrangements to ship their
animals to eastern markets.
It now is assured that eleven miles
of highway extending south from
Beresford along the King of Trails au-
tomobile route will be improved, the
contract for the work finally having
been awarded. There is at present
available for the work $97, 900 of fed
eral aid and county good road money.
and a like amount will be expended
in the southern part of Union county.
Extensive work has been done on a
highway passing over what is known
as Whitewood hill, near Whitewood.
Six army trucks were utilized in the
work. The highway was graveled
and now is one of the best in that part
Of the state.
The great development Of the Mis-.
land territory is shown by the fact
that the Nisland postoffice transacted
such an increased business during the
past year that it now has been ad-
vanced from a fourth to = third-class
office.
Carl Labahn 2 farmer OF Lake cnnu-
ty, was perhaps fatally hurt as the
result of being run over by a corn
binder. His horses became frightened
and ran away and he vas thrown un-
der the machine. His back wal broken.
County treasurers OF South Dakota
are this year receiving an average Of
just IL per cent more pay than they
did in 1913, although the volume of
business handled by them has In
creased lac per cent.
COlOme has developed a oma real
estate dealer, in the person Of Miss
Ella McHenry. who is said to be
making q great success of her chosen
vocation.
Fred William Brock, aged 40, was
struck by lightning and instantly
killed while assisting with the thresh-
ing on q farm in the Mclaughlin ter
ritory.
John Shannon, OF Ramona, is dead
as the result Of being run over by a
loaded dump wagon while working
with a Lake county road grading crew.
County commissioners of Lyman
and Trip counties are preparing to
let the contract for the construction
Of a bridge across the White river.
The farm bureau of Union county
will conduct q membership campaign