10 S.D. 436 | S.D. | 1898
Pursuant to the mandate of this court (State v. Lien, 9 S. D. 297, 68 N. W. 948), the board of county commissioners submitted, at the 1896 general election, the question of the location of the county seat of Roberts county to a vote
Adopting, therefore, to the extent indicated, the theory of respondent, the only essential question is whether the proposition to locate a county seat in an organized county, wherein the same has not been located by a majority vote, requires merely a majority of the votes cast upon the proposition, or the affirmative ratification by a majority of all persons voting for any man or measure at said general election. By Sec. 2, Art. 9, supra, it is declared that, ‘ ‘in counties already organized where the county seat has not been located by amajority vote, it shall be the duty of the county board to submit the location of the county seat to the electors of said county at a general election. The place receiving a majority of all votes cast at said election shall be county seat of said county •” Subservient to a canon of construction requiring uniformity in the interpretation of