Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1855-12-19

to concur with this House in resembling the
resolution to adjourntbis General Assembly on
Wednesday next By order of the House..
JAMES SlMONS, Speaker.
HOUSE OF REPRESENTATIVES.
The House met at II 8. N.
Mr.. Duncan, from the Committee on Agricul-
,ture, reported on bill from the Senate to grant
aid 10 the State Agricultural Society.
The Committee amended the bill by striking
outs $4,000 annually" and inserted - $4,000
annually" Immediate consideration was order.
ed, and The report Of the Committee was laid
on the table, and the Senate bill adopted.
"A bill to incorporate the Columbia and Green
vile Telegraph Company: was also lacked on
and was adopted.
Further proceedings on the bill were cut off
by motion, that the House take recess until
Z p. m, made by Mr.. Lowry, which motion was
adopted. -.
EVENING, SESSION. ..-e. ~
The House met at Z p. in. -.
The "Road Bill' was read the second time,
and ordered 10 the Senate.
Mr.. B. H. Wilson offered the following reso-
luton:
Resolved, That message be sent to the Sem
ate, asking that body tosconcur with the House
in resembling the resolution to adjourn sine die,
on Wednesday, the 10th.
A spirited debate sptang up on this resolu-
tion.
The House ordered the question 10 be taken
by yeas and nays. The vote stood, yeas 81;
nays 49,; 80 the resolution was ordered to be
sent to the Senate. g.
A biII:to provide fol uniform system for
measuring timber, was read the second time.
and ordered 10 the Senate, some sharn shooting.
REPoRT
Or THE COMMITTEE ON PRIVILEGES AND ELEc-
TIoHs ON THE PROTEST OF sUNpRY CITIZENS OF
EDGEFIELD AGAINST THE RIGHT OF 1ILLMAf
WATSON TO RETAIN HIS SEAT.
The Committee of Privileges and Elections,
to whom was referred the Protest of sunday
citizens of Edge6ed against the election of
Tillnan Watson, as Senator for that District, beg
leave to Report, that at the last session they
made report and submitted the evidence taken
in the case, and that by an order of the Senate,
the report and evidence were printed. Thcy
have since heard full argument on both SIDES,
and now submit 10 the Senate the reason of the
conclusion at which they have arrived $1,000.
The Protests rests upon the grounds, first,
that some of the boxes were illegaliy'heId and
second, that number of individual bad votes
were received; and that in one or both of these
ways, the number of Illegal votes taken is more
than sufficient to extinguish the majority of the
setting member.
It is admitted that none of the Managers mt
I" Ha,chcr's" and at the "Pinc House" were
sworn. The swearing Of the Managers at any
poll is in the opinion of IN" Committee, essen
tial 10 the validity of the box, The omission
on their part 10 take the oath prescribed by law,
takes away one of the chief securities for the
fair and impartial holding OF the election. The
oath adds the obligation Of honor, and cannot
be dispensed with, without removing great
safeguard for the fidelity of the Managers, and
the Just rights Of the electors.
The Act of l72lSS which is regarded as the
permanent election law Of the State, directs
that every person undertaking 10 manage elec.
lions for the General Assembly shall be saoorn
by any one Justice Of the Peace."-3 Stats l35.
The Act Of 1918, authorizes and empowers the
Managers 10 administer 10 each other respec-
lively Ile oath or oathS prescribed 10 be taken be-
fare entering on The duties Of the appointment
Siat 94.
The first of the standing resolutions of the
General Assembly, passed 10th December, 1888,
requires that the Managers, prior to their pro-
ceeding 10 The elections, shall take an oath or
affirmation to conduct the election faithfully and
impartially, and the form of oath is prescribed.
y Stat. l99.
In the case of the State rs Higgins, State
Rep. 49, Judge Colcock, says: by law the
Managers Of Election are required to take m
oath Before they act. The mere nomination by
tho Legislature, therefore, does not make one a
Manager"
In the case Of the State &C rel. RS. Ruff and
others, generally known as the Fairfield case, in
1914, Judge O'NeaI says: 81 think it is plain,
Manager must qualify before the election com.
mcnces." After quoting The Act of 1921. above
referred TO, he says: {" From this it would seem,
on the receipt of the writ of election and before
giving notice, the Managers must be sworn"
= In the House of Representatives, in 1918, The
Committee of Privileges and Elections, in the
case of Appleby, member for St. Georges, Dor
chester, reported that, in their opinion, the
manager not being sworn does yitiate the elec-
ton" and resolution was adopted by the House
agreeing to the report.
Other cuses to the same effect might be cited
from the Book Of Contested Elections in Con-
gress, but the Committee deem it unnecessary
to multiply authorities, particularly in the ab-
sencc Of any, go far as they know, to the contra
ry. On grounds of reason, law and authority,
they are Of opinion that The non.swearing of the
managers renders poll illegal and void.
If the position be correct, the votes taken at
Hatcher's" and ut the " Pine House." must be
declared illegal; and tho enquiry then arises,
how does this affect the result of the election?
The sitting member received an aggregate ma-
iorty of thirty-nine votes. At " Hatchcr's," he
received ffty-two votes, and MIR. Carroll twenty
seven votes at the "Pine-House," he received
twenty-five votes, and Mr. Carroll sixteen votes.
If oil the votes received by Mr.. Watson at
these boxes be taken from his aggregate vote,
without any deduction from Mr.. Carroll's aggre-
gate of the votes received by him, the result will
be to extinguish the majority of the sitting
member. This rule was contended for on the
part Of the protestants; but the Committee can
not give it their sanction. They are of opinion
that the true rule is to take from each the votes
received by hin Mt the illegal polls. They do
not propose to invade the sanctlty OF the ballot
box; they do not enquire how any individual
elector voted but they cannot ignore The return
which shows how many votes each candidate re-
ceived at these boxes. If the boxes be stricken
out, both candidates should lose the number of
illegal votes thoy actually received. This seems
to be the rule of reason and fairness, inasmuch
rs it deducts from each that only which he has
improperly received. To adopt any other rule
of proceeding, would be to follow presumptions
in direct antagonism to the facts.
In pursuit of this rule, then, it will be proper
to deduct from the minority of the sitting MEN,
Der the sum of the mnjoritics received by him at
these two polls. The sum of these majorities is
thiriunne whirh ho;nn tnkpn from thirl V. nine |