The herald-advance. (Milbank, S.D.) 1890-1922, 1920-07-16
A LETTER FROM
AMSDEN
SENATOR COMPARES PROVISIONS OF THE PRO-
POSEDPRIMARY LAW AND THE
ORCHARDS" LAW NOW ON STATUTES

NV yin O1AxO1EO
elect delegates or proposalmen as
he calls them, which proposalmen
meet at the county seat Of the
several counties of the state on the
third Tuesday in November, at
which meeting such proposalmen
elect three proposalmen to repre-
sent the county in a state conven-
ton or proposal meeting. which
convenes at Pierre on the first
Tuesday in December. At this
meeting the proposalnen present
propose or nominate candidates for
state, congressional, and judicial
officers, and delegates to national
convention in presidential years
and presidential electors. In case
no independent candidate files or
five proposalmen protest. these
candidates nominations the pro-.
posed do not go on the pri-
mary ballot at the. primary
provided for by the law. which law
fixes the date Of the primary on the
fourth Tuesday in March following,
but if FIVE out of one hundred nine.
ty two delegates in such proposal
meeting are not satisfied with the
proposals made, they can file a pro-
testing list of candidates and then
all protested candidates names
must 60 on the primary ballot
Again on the fourth Tuesday in
December the county proposalmen
meet at the county seat and pro-
pose candidates for county and leg.
islative officers with the same pro-
visions governing protests as is
provided in the state proposal meet
ing.
The Richards law" provides for
presidential preference primary,
post master primary, public joint
debates. publicly pamphlet and
some other things not mentioned
above. such as mileage paid by the
state to candidates for governor
and president when joining in pub
lie joint debates in their own in
terest. The filing Of candidates of
legislative districts containing
more than n county with the Sec
rotary of state instead of with the
county auditors, and also a provi-
sion Of the Richards law found
in Section 70y8 of the Revised
Code Of 1919, which was section 7
of chapter 234 of the Session
La VS. of 1917. and which reads
as follows: The word ''lead-
er" shall mean a party elector who
as an independent candidate for
nomination for president or for
governor, shall have made his cam
paign on one we'll defined and
definite principle, as a paramount
Issue, as filed in the office of the
secretary of state, and received a
vote equal to 10 per cent of the
total party vote cast for governor
at the primary election. Such
leader. if he desires to continue his
fight for his paramount issue, shall
be invited by the five or more pro-
testing proposalmen to organize the
representative proposal in column
three, or he may be proposed by
the state proposal meeting in col
umn four. In connection with the
above quotation. | wish to call
your attention t, Section D Of
article one of chapter 259 Of the
session laws of 1915 when Mr..
Richards defines the words may"
and shall" as follows: Provided
further that the word may shall
mean ''can," and the word ''shall'
shall mean must" Read very
carefully, consider the past and
draw your own conclusions. For
farther information regarding the
provisions Of the 20 called
Richards" primary law now on
the statute. we refer you to Sec.
tions 1897 to 1900 inclusive Of the
Revised Code of 1919.
Respectfully.
c. S. Amsden.