15 N.W.2d 239
File No. 8753.Supreme Court of South Dakota.
Opinion filed July 29, 1944.
Statutes.
Where Supreme Court was evenly divided on question of affirming or reversing judgment restraining and prohibiting secretary of state from submitting a law to vote of electors, judgment stood affirmed by operation of law. Laws 1943, c. 79; Const. art. 5, § 7.
Appeal from Circuit Court, Hughes County; Hon. John F. Hughes, Judge.
Proceeding by the State of South Dakota, on the relation of George T. Mickelson, Attorney General, against Mrs. L.M. Larsen, as Secretary of State, to restrain and prohibit the Secretary of State from submitting Laws 1943, c. 79, to a vote of the electors, wherein Nick Jackus and others intervened. From a judgment restraining and prohibiting the Secretary of State from submitting such law to a vote of the electors, the intervenors appeal.
Affirmed by operation of law.
Page 111
L.T. Van Slyke and Hugh Agor, both of Aberdeen, for Appellants.
George T. Mickelson, Atty. Gen., and E.D. Barron and AlanWilliamson, Asst. Atty. Gen., for Respondent.
PER CURIAM.
This appeal is from a judgment restraining and prohibiting the secretary of state from submitting Chapter 79, Laws of 1943, to a vote of the electors. By reason of a vacancy, the court consists of four judges, two of whom are of the opinion that the judgment should be affirmed, and two of whom are of the opinion that the judgment should be reversed with a direction that the writ be denied. The court is therefore unable to reach a decision, § 7, Article V, Constitution of South Dakota. The judgment is of necessity affirmed.