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Circuit Judge Robert Miller told the TRIBUNE and NEWS Monday that the final briefs in the Tripp- Todd County attach ment case were due January 5 and that he would hand down a decision as quickly as possible. A trial was held in Winner December 17 at which time testimony was heard as to whether Todd County is constitu tionally attached to Tripp Coun ty. The results of the county commissioner’s race in the 1976 general election will be affected by the court’s decision. This year, for the first time, Todd County voters were allowed to vote for Tripp County officials. Last year, the Eighth Circuit Court of Appeals in the Jake Little Thunder case ruled that it was unconstitutional not to let the unorganized counties parti cipate in the election of common county officials in the organized counties since unorganized coun ties were attached to organized counties. As a result, U. S. District Judge Andrew Bogue, Rapid City, entered an order in May, 1976 that residents of unorgan ized counties be allowed to vote for officials in the counties to which they are attached. Plaintiffs claim this order effectively merged the counties without the consent of either one. Among reasons for this posi tion taken by the Tripp County Commissioners are that they claim records reflect more work being devoted by Tripp County officials and employees to Todd County business than was al lowed by state statute to recom pensate Tripp County. During the trial, Tripp County States Attorney Tom Tobin maintained that Tripp County taxpayers were having to pay what should have been Todd County or the state’s responsibility for govern mental services in Todd County. The defendent's introducted expert testimony to the effect that Tripp County officials failed to prove that Tripp County residents were paying for ser vices to Todd County. A House legislative committee which proposed a bill in 1976 to separate the counties deleted from the bill allegations of extraordinary expense to Tripp County residents. Furthermore, the defense con tended nothing in the U. S. Constitution requires fiscal equality within governmental sub-districts. Tripp County is also concerned that Todd County can participate in Tripp County elections where only one-third of Tripp County can participate. The defense position was that all commissioner candidates could run for office at large. The Tripp County Commission ers also took a position, in the past, that a legislative bill allowing Todd County residents to vote for a Todd County board, which would then contract for services in adjoining counties, may be a solution. In the county commissioner's race, Republican Marlon New man received 683 votes in Tripp County as compared to 575 votes for Democrat Bud Haley. In Todd County, Newman received 536 while Haley topped him with 834. If the votes of both counties are counted, Haley will win the commissioner’s race in the sec ond district. If only Tripp County votes are counted, then Newman will win the race. Under court order, Tripp Coun ty Auditor Shirley Briggs kept a separate record of votes cast in Todd County for Tripp County officials.
Newspaper Details
Mission Todd County Tribune
Mission, South Dakota, US
Thu, Jan 06, 1977
Page 5
Full Page
Clipped by
Richmond C.
USA 10 Dec 2025
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Mission Todd County Tribune
