146 N.W. 592 | S.D. | 1914
This is a contest involving the legality of an election submitting to a vote the question of the sale at retail of intoxicating liquors. There is but one question presented for consideration, laind that relates to the form of ballot used at such election. The following form- of ballot was used:
Shall intoxicating liquors be sold at retail . Yes I — | within city of Lemmon, S. D., during — ' the coming year? ' . No | |
At saiid election there were 176 bailóte marked with a cross in the square at the right.-of the word “Yes,” and 71 ballots marked with a cross in the square after -the word “No.” The statute provides (section 2856, Pol. Code, as amended by chapter 254, Laws off 1913) that the question shall be submitted upon a -separate ballot upon whidi there shall be printed the words, “Shall -intoxicating liquors - be -sold at retail ?” with a square or circle at the left of each of such words “Yes” and “No,” and any voter in favor of such sale shall mark in the square or circle
The judgment appealed from is affirmed.