authority to fill all vacancies in their party ticket caused by the removal of any candidate from the district, county or state or for any other cause either before the primary or the following general election, provided that vacancies in the office of candidate for Circuit Judge shall be filled by the State Central Committeemen within the circuit. And may also adopt resolutions governing such Central Committee. Section 46. Vacancies in Legislative Districts Comprising More Than One County.] If for any reason a vacancy occurs of a candidate for member of the legislature of a district comprising more than one county either before the primary or the following general election, such vacancy shall be filled by the joint action of the Central Committees of counties constituting such legislative district. Section 47. Duty of Attorney General.] It shall be the duty of the Attorney General and Secretary of State to prepare all forms necessary to carry out the provisions of this Act and to give such information as may be necessary to the furtherance of the successful operation of this Act. Section 48. General Election Laws Govern When.] The provisions of the statute now in force in relation to the holding of general elections, the soliciting of votes at the polls, the bribing or attempting to bribe voters, the manner of conducting elections, and all other kindred subjects, not specifically provided for herein, shall apply to all primary elections held under the provisions of this Act insofar as they are consistent with the same; the intent of this Act being to place the primary election, except where otherwise provided, under the regulations and protection of the laws now in force as to general elections. Section 49. Holidays.] The days herein appointed for holding primary elections shall be legal holidays. Section 50. Repeal.] Sections 7097 to 7189 and 7200 inclusive of the Revised Code of 1919, and all Acts and parts of Acts in any way applying to primary elections or the nomination of party candidates for public officers covered by this Act are hereby repealed. Section 51. Submission to the Electors for Approval.] This Act shall be submitted to the electors of the State of South Dakota at the general election in 1920, upon a separate ballot, for approval and when approved shall be in full force and effect. Approved June 30, 1920. Public Officers CHAPTER 79. RELATING TO SALARIES OF OFFICERS AND EMPLOYEES FOR THE AN ACT Entitled, An Act Relating to Public Officers and Employees, Their Salaries and Compensation, and Declaring an Emergency. Be It Enacted by the Legislature of the State of South Dakota: Section 1. In all cases where the legislature has appropriated by general appropriation bills for the fiscal year 1920 and 1921, amounts for the compensation of public officers and employees in excess of the amounts fixed by any other statute, such officers shall nevertheless be entitled to receive and shall be paid the full amounts so appropriated for such salaries and compensation, during said fiscal year, any other statutes fixing the salaries and compensation of such officers or employees to the contrary notwithstanding, the purpose and intent of this Act being to fix the salaries and compensation of all officers and employees for whom appropriations have been made by the general appropriation bills for the fiscal year 1920 and 1921, at the amounts so appropriated for such fiscal year only, and such other statutes shall remain in full force and effect except as affected hereby. Section 2. Whereas, this Act is necessary for the immediate support of the State Government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval. Approved June 30, 1920. Railroad Commission CHAPTER 80. (S. B. 1.) RELATING TO ELECTION OF RAILROAD COMMISSIONERS. AN ACT Entitled, An Act to Amend Section 9493 of the Revised Code of 1919 of the State of South Dakota, Relating to the Election and Term of Office of Railroad Commissioners. Be It Enacted by the Legislature of the State of South Dakota: Section 1. That Section 9493 of the Revised Code of 1919 of the State of South Dakota be and it is hereby amended to read as follows: Section 9493. Election and Term of Office.] At the general election in the year 1920, and every second year thereafter at such election, there shall be chosen by the qualified electors of the State at large, one person as Railroad Commissioner, having the qualifications prescribed by law, who shall hold his office for a term of six years from the first Tuesday after the first Monday in January following his election and until his successor is elected and qualified, which commissioner shall fill the vacancy caused by the expiration of the term of office of the commissioner whose term of office expires on the succeeding first Tuesday after the first Monday in January. Section 2. Repeal.] All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed. Approved June 30, 1920. CHAPTER 81. (S. B. 12.) RELATING TO REVIEW OF DECISIONS OF THE RAILROAD COMMISSION. AN ACT Entitled, An Act to Amend Sections 9590, 9591, 9592 and 9593 of the Revised Code of 1919, as Amended by Chapter 290 of the Laws of 1919 of the State of South Dakota and to Amend Sections 9594, 9595 and 9596 of the Revised Code of 1919, of the State of South Dakota, Relating to Trials Before the Board of Railroad Commissioners and to the Review of Orders and Decisions of the Board of Railroad Commissioners of the State of South Dakota. Be It Enacted by the Legislature of the State of South Dakota: Section 1. That Section 9590 of the Revised Code of 1919, as amended by Chapter 290 of the Laws of 1919, of the State of South Dakota, be and it is hereby amended to read as follows: Section 9590. Rehearings.] Within thirty days after any final order or decision has been made by the board, any party to the action or proceeding, or any person, partnership, association or corporation, affected thereby, may apply to the board for a rehearing in respect to any matters determined in said action or proceeding and specified in the application for rehearing, and the board may grant and hold such rehearing on such matters if, in its judgment, sufficient reason therefor be made to appear; and, if it grant a rehearing, it may in its discretion suspend or refuse to suspend the final order or decision pending the determination of the proceeding on rehearing. If, after a rehearing and a reconsideration of all facts, including those arising after the making of the final order or decision, the board shall be of the opinion that the original order or decision, or any part thereof, is in any respect unjust or unwarranted, or should be changed, the board may abrogate, change or modify the same. An order or decision made after such rehearing, abrogating, changing or modifying the original order or decision, shall have the same force and effect as an original order or decision, but shall not affect any right or the enforcement of any right arising from or by virtue of the original order or decision, unless and except as ordered by the board. Section 2. That Section 9591 of the Revised Code of 1919, as amended by Chapter 290 of the Laws of 1919, of the State of South Dakota, be and the same is hereby amended to read as follows: Section 9591. Review-Writ of Certiorari.] Within thirty days after application for a rehearing is denied, or if the application is granted, then within thirty days after the rendition of the decision on rehearing, the applicant may apply to the Supreme Court of this State for a writ of certiorari for the purpose of having the lawfulness of the original order or decision, or the order or decision on rehearing, inquired into and determined. Such writ shall be made returnable not later than sixty days after the date of the issuance thereof and shall direct the board of railroad commissioners to certify its final record or judgment roll in the case to the court. The court may grant the writ without notice to the adverse party, or to the board or to the Attorney General, except in such cases, as in its judgment, require the giving of such notice. The issuance of the writ, and service thereof upon the adverse party, the secretary of the board and the Attorney General, shall operate as a stay of further proceedings before the board of railroad commissioners in the matter to be reviewed without an express provision to that effect in the writ, except that the court may otherwise direct in proper cases. The writ must be served upon the adverse party, the secretary of the board of railroad commissioners and the Attorney General, and the Court may direct such service of the writ to be made by mail. On the return date the cause shall be heard by the Supreme Court unless for a good reason shown the same is continued. No new or additional evidence may be introduced or received in the Supreme Court, but said cause shall be heard and determined in the Supreme Court upon the record of the board as certified by it. The board of railroad commissioners, the Attorney General and each party to the action or proceeding before the board, as well as any person, partnership, association or corporation, affected by the final order or decision of the board, shall have the right to appear and be heard in the review proceeding. The provisions of the Revised Code of this State relating to writs of certiorari shall, so far as applicable and not in conflict with the provisions of this Act, apply to proceedings instituted in the Supreme Court under the provisions of this Act. Section 3. That Section 9592 of the Revised Code of 1919, as amended by Chapter 290 of the Laws of 1919 of the State of South Dakota, be and it is hereby amended to read as follows: Section 9592. Return to Writ-Briefs.] In granting the writ the Supreme Court may specify and fix a date, prior to the return date of the writ or prior to the hearing upon the writ, on or before which the board of railroad commissioners shall certify and file in the Supreme Court its final record or judgment roll, and it may fix such dates for the serving and filing of briefs on the part of the petitioner and the board and other parties entitled to be heard in such proceeding as, in its opinion, the necessities of the case may require. The certification and filing of the final record or judgment roll in the Supreme Court shall be deemed a sufficient return to the writ by the board, without the service of a copy thereof upon the petitioner for the writ. When such return is certified and filed, the clerk of the Supreme Court shall immediately notify the petitioner and the Attorney General of the fact, and date thereof. Section 4. That Section 9593 of the Revised Code of 1919, as amended by Chapter 290 of the Session Laws of 1919 of the State of South Dakota, be and it is hereby amended to read as follows: Section 9593. Extent of Review.] The review upon the writ shall not be extended further than to determine whether the board of railroad commissioners has regularly pursued its authority, including the determination of whether the final order or decision under review violates any right of the petitioner under the Constitution or Laws of the United States of America or of the State of South Dakota. The findings and conclusions of the board on questions of fact shall be final and shall not be subject to review. Upon the hearing the Supreme Court shall enter judgment either affirming or setting aside the final order or decision of the board. Section 5. That Section 9594 of the Revised Code of 1919 of the State of South Dakota be and the same is hereby amended to read as follows: Section 9594. When Order Absolute.] In case any person, partnership, association, or corporation, a party to any proceeding before the board, shall fail to apply for a rehearing as provided in Section 1 of this Act, then as to such person, partnership, association or corporation, the final order or decision of the board shall be absolute, and such party shall have no right to apply for, or be granted, a writ of certiorari for the review of such final order or decision of the board. If any party to any such proceeding shall fail to apply to the Supreme Court for a writ of certiorari in the manner provided in Section 2 of this Act, and within the time therein specified after the application for rehearing has been denied, or if the application has been granted, within the time therein specified after the rendition of the decision on rehearing, then as to such party the final order or decision of the board shall be absolute. Section 6. That Section 9595 of the Revised Code of 1919 of the State of South Dakota be and it is hereby amended to read as follows: Section 9595. Review Only by Certiorari.] No court of this State, except the Supreme Court, to the extent specified in this Act, shall have jurisdiction to review, reverse, correct or annul any order or decision of the board of railroad commissioners, or to suspend or delay the execution or operation thereof, or to enjoin, restrain, or interfere with the board in the performance of its official duties; provided that the writ of mandamus shall lie from the Supreme Court to the board in all pro per cases. Section 7. That Section 9596 of the Revised Code of 1919 of the State of South Dakota be and it is hereby amended to read as follows: Section 9596. Enforced by Mandamus.] If any common carrier or any person, partnership, association or corporation, or any officer, agent or receiver of such common carrier, person, partnership, association or corporation having failed to apply to the Supreme Court for a writ of certiorari to review any final order or decision of the board of railroad commissioners, or having applied for such writ and the final order or decision of the board having been affirmed, shall fail, neglect, or refuse to obey such final order or decision, the enforcement of such order or decision shall be by a proceeding in. mandamus in the circuit court of any county in this State in which such common carrier, person, partnership, association, or corporation operates or is transacting business, in accordance with the provisions of Section 9521 of the Revised Code. Section 8. Repeal.] All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed. Approved June 30, 1920. Securities Commission CHAPTER 82. RELATING TO SECURITIES COMMISSION AND TO OBLIGATIONS GIVEN FOR SECURITIES SOLD IN VIOLATION OF LAW. AN ACT Entitled, An Act to Amend Sections 10127 and 10130 of the South Dakota Revised Code of 1919 as the Same Are Amended by Sections 1 and 2 of Chapter 310 of the Session Laws of 1919, and to Amend Sections 10142 and 10149 of the South Dakota Revised Code of 1919, and to Repeal Section 10146 of the South Dakota Revised Code of 1919 and to Substitute in Lieu Thereof a New Section to be Known as Section 10146, and Declaring an Emergency. Be It Enacted by the Legislature of the State of South Dakota: Section 1. Section 10127 of the South Dakota Revised Code of 1919, as amended by Section 1 of Chapter 310 of the Session Laws of South Dakota for the year 1919 is hereby amended to read as follows: Section 10127. Membership.] The Securities Commission, heretofore created, whose duty it shall be to administer and provide for the en |