Farren v. Comm'rs of Buffalo Co.

• Decision Date: 14 February 1888
• Citation: 5 Dak. 36,37 N.W. 756
• Parties: Farren v. Commissioners of Buffalo Co.
• Court: South Dakota Supreme Court

37 N.W. 756

5 Dak. 36

Farren

v.Commissioners of Buffalo Co.

Supreme Court of the Territory of Dakota.

February 14, 1888.

Appeal from district court, Buffalo county; Bartlett Tripp, Judge.

Action by Henry B. Farren against the county commissioners to contest the election for the location of the county seat of Buffalo county. Judgment for plaintiff, and defendants appeal.J. M. Long, for appellants. Goodykoontz, Kellam & Porter, for respondent.

THOMAS, J.

The record in this case shows that there was held on the 2d day of November, 1886, in Buffalo county, Dak., a general election, at which time there was also held an election to determine the location of the county-seat of said county. A count and canvass of the votes, as shown by the return of the canvassing board, resulted in favor of Buffalo Center as the place of said county-seat. This contest is organized for the purpose of declaring said election void. On the 28th day of February, 1887, this action was tried to the court below upon an agreed statement of facts. The court, after making its findings of fact and conclusions of law, rendered a judgment that Gann Valley and not Buffalo Center was the county-seat of said county. To reverse this judgment, this appeal is prosecuted. There is no dispute as to the facts of the case, and there are but three questions presented for our consideration, to-wit: Was the registration law of the territory valid? Was it in force in Buffalo county? Was it complied with by the officers of the election and the electors, at said election, in such a manner as to render said election valid?

In determining the first question, we must recur to the organic act of the territory, and see what power it confers upon the legislature of the territory in reference to fixing the qualifications of voters. We find, upon an examination of its provisions, that the power to prescribe the qualifications of voters is expressly conferred upon that body. Organic Law, § 1860. Under the power thus conferred by the congress of the United States, the legislature, after prescribing various qualifications for voters, says that, in addition to such qualifications, all persons who “shall have complied with the provisions of any law which is now or may in the future be in force relating to the registration of voters, shall be entitled to vote.” Section 47, c. 27, Rev. Codes. The legislature subsequently enacted a law “relating to the registration of voters,” in which it provides for boards of registration in towns, cities, wards, and precincts, who shall meet on Tuesday, two weeks prior to any general election, and make a list of all persons qualified to vote at the ensuing election whose names are known to them to be electors in said precinct, or who shall make application to said board to be registered, and found to be electors in said precinct. Laws 1881, c. 122. This...