The Orangeburg news. [volume] (Orangeburg, S.C.) 1867-1875, 1873-06-21
An Important Decision of the
Supreme COnrt.

S''o'uuy Nhe supreme Court hlc d
their decision in the case Of the State
e" ret. Maloney and Lartigue, as. w. A
Nerland, chairman Of the board Of coun
ty canvassers of Barnwell counly.
This case arose out of the election
held in Bnrnwcll county on the 22d of
March last for the determination of the
county seat of that county. The election
aroused intense local Interest and excite.
Incnt, aud greatcarserncss will b, lcIt
to knowthc result.
The question involved is whether or
not 1t is the dutyo the chairman of the
board OF county canvassers to iorwar d
the returns of the Barnwcll election To
the board of State canvasscrs for final
examination uE decision.
The chairman of the county canvas
sers, Captain Ncrland, under legal advice
& prominent lawyers a, Barnwell Court
House, held that the decision of the
board of county canvassers was final and
not to be revised by the State board.
The citizens of Blackvilc, prominent
among whom were hIr Mapncy. Mr..
Simon Brown, Mr.. Isartigue and othcts
filed protest impeachiug the clcctio n
at several precincts in the county, and
demanded that their protest be sent up
to the State board of canvcrsscrs. The
county Chairman refused to acccl. tn
the demands, and the Blackyillian s
thcrcupon consulted ex Attorney Gcner
al Chamberlain, who advise them to
institute proceedings by mandamns to
compel the performance of this duty.
The writ was accordinly demanded
before Judge John j. Mah,r, at Barn
well Court House, whore, after arcu
mcnt by Mcssrs Chamberlain and B Ii
ingor for Blackvile, ahd Mcssrs. Aldrich
aud lloutSon for Baruwcll, j udse Mahe.,
refused the mandanlus
The counsel for I'lackvllc INN cdi tc
ly appealed, aud they have t,c sa,:stac
tion now of ,cission which vin lie :t.s
their view of The law.
The case, we learn, was arrucI with
great ability o. bo.h$ dc7. an / dor5M,s,
will receive ful train ,ut at tna hands
of the court The decision WIS fled
yesterday, and the opinion vii BE- here
aitor filed.
We have no bias or interest in thi ;
case, bur we congratulate bu;h parties
on reaching the decision of Il court
which always commands the confidence
OF both parties 10 legal controversy.
The order Of The court is MS fUlluws:
STATE OF SOUTH CAROLINA, IN TuE
surREME COURT, APRIL TERM. lS73.
III STATE, EXREI.ATIoNg NJ. r.
MALoNEf AND C. +. LARTlGUE,
AGAINST WILLIAM a. NERLAND.
CHAIRMAN OF COUNTY RANvtssERS
OF BARawNLL CUuN:Y-orDER IN
MANEAMUs.
BY Me Comny:
This case camo pm for hearing upon
the pleadings, and, after arguments
thereon Tor relators and respondent,
is, upon due consideration thereof,
ordered, adiudged and dccrccd that the
writ OF mandamus DO issue commanding
the respondent, William \. Ncrlanl
chairman Of the board OF County can
vasscrs of B4mwcll county to forthwith
forward, addressed to the Governor and
secretary Of State by messenger or
otherwise, the returns, poll list and all
papers appcrtainlng to the election held
in Barnwcll county, in said 5 tate. on
the twenty second dly Of M,rch \. ID
lSI3, under an act Of the General
Assembly entitled IAN act to refer 10
the qualified voters OF Barnwcll county
the location Of the county scat of said
county, county officers and the place OF
holding the courts of said county,
approved on the l2rh day Of February,
A. d. 1873
The opinion Of court will be filed
hereafter II ui,u WcJ,tH .Jnnc 1.th