he received it, is guilty of embezzlement, and the payment of laborers and material-men for work performed or material furnished in the performance of any contract is hereby declared to be the use and purpose to which the contract price of such contract or any part thereof, received by the contractor shall be applied.

Section 2. All acts and parts of acts in conflict with this act are hereby repealed.

Approved February 24, 1921.

Eminent Domain

CHAPTER 218.

(S. B. 318)

RELATING TO TRIALS IN CONDEMNATION PROCEEDINGS.

AN ACT Entitled, An Act to Amend Section 2945 of the South Dakota Revised Code of 1919 Relating to Trial of Cases to Determine Compensation for Private Property Taken.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. That Section 2945 of the South Dakota Revised Code of 1919 be amended to read as follows:

Section 2945. Trial as to Defendants Who Appear.] As to all the defendants who appear within the time specified in the summons, the proceeding shall be conducted in like manner as provided in Section 2944, except that three days notice of the time and place of trial may be given by either party and the case brought on for trial at any regular or special term of court called for such purpose, and on the failure of of the plaintiff, after such notice, to proceed with the trial, said petition shall be dismissed as to such defendant, and any lis pendens involving the title of property of such defendant shall be discharged and no other proceeding for the same purpose shall be brought by the plaintiff against such defendant until after the expiration of one year, and then only by leave of the court upon good cause shown and upon the condition that the plaintiff will, in good faith, prosecute such proceeding against such defendant with reasonable diligence.

Section 2. That all Acts and parts of Acts in conflict with this Act be hereby repealed.

Section 3. 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 March 12, 1921.

Elections

CHAPTER 219.

(S. B. 108)

RELATING TO BALLOTS ON CONSTITUTIONAL AMENDMENTS, INITIATED MEASURES AND REFERRED LAWS.

AN ACT Entitled, An Act to Amend Section 7216 of the South Dakota Revised Code of 1919, Relating to the Form of Title to Constitutional Amendments, Initiated Measures and Referred Laws, and Prescribing the Duties of the Secretary of State and Attorney General.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. That Section 7216 of the Revised Code of 1919 be amended to read as follows:

Section 7216. Ballots, Duties of Secretary of State and Attorney General.] Whenever any constitutional amendment, initiated measure, referred law or question shall be submitted by the Legislature to a vote of the people, the title to any such constitutional amendment shall be: A JOINT RESOLUTION PROPOSING and agreeing to an amendment to Article (state number) of the Constitution of the State of South Dakota (stating amendment.) And the title to any such initiated measure or referred law shall be: An Act Entitled, An Act Relating to (Stating the Subject.) As an example: An Act Entitled, An Act relating to State Drainage.) No other subject matter shall be embraced in the title. And it shall be the duty of the Secretary of State in preparing the form of ballots for the several county auditors of the state to print only such titles as above specified upon the ballot. It shall also be the duty of the Attorney General, within sufficient time before the election for transmission to each county auditor, of this state, to prepare a concise statement, not to exceed four hundred words, of the purpose and legal effect of each proposed constitutional amendment, initiated measure, referred law or other question, particularly with reference to the existing law, which statement shall follow immediately after the title on the official ballot; each title and statement to be followed by the words, "Shall the above amendment to the Constitution be approved and ratified?" in case of amendments, and "Shall the above measure become a law of this state?" in case of referred laws, measures or other questions, immediately to the left of which shall be printed the words "Yes" and "No," each preceded by a square or circle. Each elector desiring to vote "Yes" place a cross within the square or circle before the word "Yes". Those desiring to vote "No" will place a cross within the square or circle before the word "no." And the Attorney General shall also state plainly that a vote "yes" is in favor of the change of the constitution and a vote "No" is in favor of leaving the constitution as it exists. Also that a vote "Yes" on an initiated measure is in favor of changing the existing law and a vote "no" is in favor of leaving the law as it exists. Also that a vote "Yes" on a referred law sustains the acts of the Legislature in a passage of the law. And a vote "No" rejects the acts of the Legislature in the passage of the law. The Secretary of State shall certify the same to the county auditors at the same time in the same manner

that certificates of nomination are certified, to be printed on the official ballots in the same form as provided herein, it being the intent of this section that the explanatory statement, above mentioned, shall be printed on the ballot in lieu of the law, measure, constitutional amendment or other question to be submitted to a vote of the people. Approved February 25, 1921.

CHAPTER 220.

(S. B. 15)

RELATING TO CAMPAIGN EXPENSES.

AN ACT Entitled, An Act to Amend Sections 7374 and 7375 of the Revised Code of 1919, Relating to Campaign Expenses.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. That Sections 7374 and 7375 of the Revised Code of 1919 be amended so as to read as follows:

Section 7374. Unlawful Expenses.] It shall be unlawful for any political committee, candidate or other person to hire, or to lend or to pay, or promise to pay, any money or to give, or promise to give, anything of value to any person to work at the polls on any election day in the interest of any party, or candidate. It shall be unlawful for any political committee, candidate or other person to lend or pay, or promise to pay, any money or to give, or promise to give, anything of value to any person for work or services on election day, in endeavoring to influence or procure any person to come to or remain away from the polls.

It shall be unlawful for any political committee, candidate or other person to lend or pay, or promise to pay, any money or to give, or promise to give, anything of value to any person for work or services on election day in endeavoring to influence or procure any other person to vote or refrain from voting for any candidate or candidates. No sum of money shall be paid and no expense shall be authorized or incurred by or on behalf of any candidate for any public office or position in the state except such as may be paid or incurred in connection with the printing or circulation of written or printed matter, in excess of fifty per cent of one year's salary or compensation of the office for which candidate is an aspirant. No sum of money shall be paid and no expense shall be authorized or incurred by or on behalf of any political party or organization, to promote the success of any candidate for public office or position in this state contrary to the provisions of this chapter; and no candidate for public shall spend any sum of money directly or indirectly to promote the success or defeat of any constitutional amendment, initiated measure or referred law.

Section 7375. Payment of Expenses by Candidate.] Every person who shall be a candidate at any election or primary election for any national or state office shall within thirty days after such election make and file with the Secretary of State, and any candidate for county, or district office, shall within thirty days file with the county auditor of the county in which such candidate resides, a detailed statement of all moneys loaned, expended, paid or promised to be paid by him, or by any one, to the best of his knowledge and belief on his behalf, in

attempting to secure, or in any manner in connection with his election to such office, or in connection with the promotion of the success or defeat of any constitutional amendment, initiated measure or referred law. Such statement shall show the name of every person, committee, club or other organization to whom or which money, compensation or pecuniary reward of any kind has been promised, for any article furnished or services performed on account of or in connection with such election and also the amounts so paid, or loaned, or promised to be paid. Such statement shall be verified before some officer empowered to administer oaths and the form of such verification shall be as follows: "I, do hereby solemnly swear that the foregoing is a full and true statement of the expenses incurred by me or by any one in my behalf, to the best of my knowledge and belief, to secure my election (or nomination) to the office of...

in the year and I further solemnly swear that I have not expended or loaned in the campaign for such office, directly or indirectly, nor have I authorized any other person for or on my behalf to expend or loan directly or indirectly, nor have I promised or obligated myself directly or indirectly to pay any money or give any other thing of value for any of the objects or purposes forbidden by the laws of the State of South Dakota, nor have I paid to any person or persons directly or indirectly any money to promote the success or defeat of any constitutional amendment, initiated measure or referred law."

Approved March 10, 1921.

CHAPTER 221.

(S. B. 246)

RELATING TO CAMPAIGN EXPENSES.

AN ACT Entitled, An Act to Amend Section 7376 of the South Dakota Revised Code of 1919, Relating to Campaign Expenses.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. That Section 7376 of the South Dakota Revised Code of 1919 be amended as follows:

Section 7376. Every political committee shall have a treasurer, and shall cause to be kept a detailed account of all money, property, or other thing of value received by it, and of the manner in which the same shall be expended, or contracted to be expended, and within thirty days after any election at which such committee shall have expended any money, property, or other thing of value, or contracted to spend, pay or contribute at any future period in the campaign preceding such election, or in any way in connection with the same, the treasurer of such committee shall file with the Secretary of State if in the interest of a state officer or state proposition, and with the County Auditor of the County in case of county officers or county propositions, a statement of all its receipts and expenditures with the date of such report and the indebtedness created for future expenditure of any such money, property, or other thing, showing in detail from whom such such money, property or other thing of value was received, or from whom any such money, property, or other thing of value had been

promised to be paid, for what specific purpose each statement was made, or contracted to be made, and the exact nature of the service rendered in consideration thereof. Any person not a member of such a committee who collects or disburses any funds, property, or other thing of value, or promises to disburse any money, property or other thing of value exceeding five dollars in the aggregate, for the purpose of promoting the election or defeat of any candidate or the adoption or defeat of any such question shall file and verify a statement of the same kind as is required to be filed by treasurers of committees.

Provided, further, that it shall be the duty of the attorney general to investigate any unlawful expenditures or statements filed under the provisions of Section 7374, 7375, and 7376 of the South Dakota Revised Code of 1919, and to prosecute any violation thereof. Approved March 12, 1921.

CHAPTER 222.

(S. B. 14.)

RELATING TO CONDUCT OF ELECTIONS.

AN ACT to Amend Section 7273 of the Revised Code of 1919, Relating to Electioneering.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. That Section 7273 of the Revised Code of 1919 be amended so as to read as follows:

Section 1. Section 7273. No officer of election shall do any electioneering on election day. No person whatsoever shall do any electioneering on election day within any polling place or any building in which an election is being held, or within fifty feet thereof, nor obstruct the doors or entries thereto, or prevent free ingress to and egress from said building. Any election officer, sheriff, constable or other peace officer is hereby authorized and empowered, and it is hereby made his duty, to clear the passageways and prevent such obstruction, and to arrest any person so doing. No person shall remove any ballot from the polling place before the closing of the polls. No person shall show his ballot after it is marked to any person in such a way as to reveal the contents thereof, or the name of the candidate or candidates for whom he has marked his vote, nor shall any person solicit the elector to show the same; nor shall any person, except a judge of election, receive from any elector a ballot prepared for voting. No elector shall receive a ballot from any other person than one of the judges of election having charge of the ballots, nor shall any person other than such judges of election deliver a ballot to such elector. No elector shall vote or offer to vote any ballot except such as he has received from the judges of election having charge of the ballots. No person shall make a false statement as to his inability to mark his ballot. No elector shall place any mark upon his ballot by which it may afterwards be identified as the one voted by him. Every elector who does not vote a ballot delivered to him by the. judges of election having charge of the ballots shall, before leaving the polling place, return such ballot to such judges. Whoever shall violate any of the provisions of this section shall be deemed guilty of a misde