State ex rel. Howells v. Metcalf

Citations

• 18 S.D. 393
• 67 L.R.A. 331
• 100 N.W. 923
• 1904 S.D. LEXIS 68

Syllabus

<p>1. An organized political party cannot have at one time more than one candidate for the same county office.</p> <p>2. The Supreme Court, authorized by Rev. Code Civ. Proc. § 764, to issue a writ of mandamus in certain cases, which writ section 765 provides must issue where there is not an adequate remedy in the ordinary course of law, may by such writ direct a county auditor which of two sets of nominees, each claiming to be the candidates of a certain political party, and certified as such by two conventions, to put on the ballot as the candidates of such party; he being required by Rey. Pol. Code § 1886, to put thereon such names as have been certified “in the manner provided by law,” and there not being time for the remedy by application to the county court, under section 1889, to require the county auditor to correct errors in the ballot, and by subsequent appeal.</p> <p>3. Judicial notice will be taken of customs and usages governing the creation and existence of political parties, which are matters of general knowledge and common information.</p> <p>4. The county central committee of apolitical party called a convention for a certain time at a certain place, and a majority of the committee thereafter selected a building for holding it, of which all had notice. A minority of the committee selected another building. At the first place a convention was had, which was called to order by the chairman of the committee, and being organized in the usual manner, proceeded to make the nominations provided -for in the call. At the second place certain delegates, who did not attend the other convention, met, were called to order by a member of the committee, organized, and made nominations for the same offices. Held, that the first convention was the regular convention, and its nominees were entitled to have their names placed on the ballot as the nominees for such party, and that it was immaterial that those attending the latter convention stayed away from the former