22 S.D. 206 | S.D. | 1908
The only question presented by. this appeal was the validity of section 10, c. 139, p. 291, Daws. 1907, requiring the payment of certain fees for filing nominating petitions under the primary election law of 1907, The court, having concluded that the requirement was unconstitutional, and desiring that persons affected might not be deprived of their rights,, entered a judgment reversing the judgment of the circuit -court, with directions to grant a peremptory writ of mandamus without delaying the proceedings in -this court-for the ¡purpose of preparing-a written ¿pinion.' -
In People v. Board, supra, considering a statute the same as ours, the court used this language: “These payments bear no relation to the services rendered in filing the papers or the expenses of the election. They are purely arbitrary exactions of money, to be paid into the public treasuries as a monetary consideration for being permitted to be a candidate. The payments are not intended as compensation for services rendered in filing the papers, but the provisions make the ability and inclination of a person to pay mo-ney a test of his qualification and of the right of the voters to choose him for public office. Every eligible person has a right to be á candidate for a public office without being subject to- arbitrary or unreasonable burdens. The voters fhave a right to - choose any
Ear these reasons the judgment of -the circuit court was reversed, and the case remanded, with directions to grant the relief prayed in plaintiff’s application for a writ of mandamus.