182 N.W. 626 | S.D. | 1921
This election contest is before us on rehearing. See same title, 178 N. W. 881, and 179 N. W. 30. Pursuant
“Aside from Sundays, the observance of which is provided for in title 4, no public business, except in case of necessity, shall be transacted on any one of said days, and no legal process in civil cases shall be served on any of said days.”
It is not, and could not successfully be, contended that the publication of a notice of election constitutes the service of- legal process. The question then arises whether the publication of this notice is the transaction of public business within the meaning of that section. In so far as the school district is concerned, there was no transaction of business by it on those days. Its business was transacted when it gave-the notice to the publisher for publication, and the publication amounted merely to the giving of notice that on the day of election certain public business would be transacted. In so far as the newspaper publisher is concerned, is the publishing of his paper the transaction of public business? We think the word “public,” in this section, is to be contrasted with the word “private,” and that the publishing of a newspaper is private business, within the meaning of that section. Mack v. Costello, 32 S. D. 511, 143 N. W. 950, Ann. Cas. 1916A, 384.
“The clerk of the board shall provide proper ballots similar in form to those authorized by law for municipal elections, except as to party affiliation, on which shall be printed the names of the candidates for the respective offices, each being given a position for each office in the order of the priority of the filing ‘of their nominating certificates. The clerk shall provide the voting booths required by lawi in each polling place and such sup plies, poll books and stationery as may be-necessary.”
No reference to such rubber stamlps is found in such section, or in any section of article 3, consisting of sections 75152-7561, Rev. 'Code 1919, which article relates to the conduct of elections in independent school districts. It is only by construing the italicized words, “such supplies” and “as may be necessary,” as an imperative requirement that such stamps be furnished that any duty on the part of the clerk of the board of education to furnish them may be found. If it were the intention of the Legislature to impose such duty on the clerk of independent districts, we think it would have manifested such intent in more particular and explicit language than that contained in the italicized portions of section 7558, supra. Moreover, section 7559, Rev. 'Code 1919 (also a part of said article 3), says:
“■Such election shall be conducted in accordance with the general election laws of this state, so far as applicable and not inconsistent wlith the provisions of this article.”
When it did not create a duty on the part of any officer to
The judgment and order denying new trial are affirmed.