The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1874-08-15
Separate Election Days.

AS there has been some discussion
.s'atiSs - separate deye5nt election.
He q glowing legal opiniopadr the sub.
iscs Unpublished for general iniornea Iei' !
-MConuMBIA. S. c., August IA, 1874.
To His EcceNency Gouernor Franklin
j. Noses, Jr.-DEAR S1R:.Iu compli-
ance with your request. hnve given
my attention to the questions whether.
in view OF the law now regulating elcc.
tions in This State, it be necessary to
have two elections in order to iii va.
canoies in elective Offices soon TO occur.
| or whether, at one general election, to
be held on tho 3d of November next,
(which will be ''the first Tuesday iol.
lowing the first Monday" of TINT
monthly ull such vacancies should be
filled. After very careful exumina-
ton of the law, have most reluctantly
come to the conclusion that two elcc.
tions nre required to effect its pur-
poses-ore on Wednesday, the 2lst of
October, aud the other Oh Tuesday,.
the 81 Of November next. at the
election in October, County officers.
such as Judge of Probate. County
Commissioners aud School Commits.
sionerR, will be chosen; aud ut tile
election in November, members Of the
General Assembly, the Governor, Lieu
tenant Governor and members of the
House of Representative in Congress
will be elected. hold this opinion.
Notwithstanding I am aware of the
amendment to the 11th Section of the
I'd Article of the Constitution, and of
the ACT of 10Th March, 1874, passed in
pursuance Of it. That section is us
follows, viz: "The first election for
Senator's aud Representatives under
the provisions of this Constitution shall
be held on the fourteenth, fifteenth
and sixteenth days of April of the
present year; and the second election
shall be held on tho third w sdnesday
IN October, eighteen hundred and
seventy; and forever thereafter, on the
same day in every second year, in
such manner and ut suoh places as the
Legislature may hereafter provide. I"
Now, it is too evident for controversy
that this section of the Constitution
refers solely and exclusively to the
general election Tor mem bers of the
General Assembly-Senators and Ben.
resentatives; and when the amendment
ID examined, it III seen that it is CON
tined to the same subject matter, to
wit: the general election for Senators
and Representatives. .fhe am mendment
consists in striking out all that portion
OF Section IL, Article II, following tha
words "elghteen hundred uud seven
~" occurring in the fourth and fifth
lines, ami inserting the following !:
And forever thereafter on the fret
Tuesday following the first Monday in
November In every second year, in
such manner and ia such place as tho
legislature may provide"
Thus tho only change in the original
section made by the amendment IL as
to the time for holding the general
election for Senators and Representa-
tlves, without any allnsion, either in
the original section or in the amend
ment thereof, to the general election
OF any other officers whatever. And
the Act of 10Th March, 1874, is con.
fined strictly to the subject matter of
the original section and its amend.
ments, as it simply enaots: "rhat
Section +, Chapter VIII, Title II, Part
l, OF the General Statutes of the State
OF South Carolina be. and the same is
hereby, amended 80 as to read as fol-
lows. viz: The next general election in
this State shall be held pursuant to the
provisions of amendment to Article II.
Section 2, Of tho Constitution of the
State of South Carolina, on the first
Tuesday following the FIRST Monday
IN November, 1874; aud forever there.
after on the first Tuesday following
the drst Monday in November in
every second year; said election to be
conducted Ill the same manner as is
or may hereafter be provided by law"
io contend that the term general
election" used in the ACT, embraces
ali elective offices, would be to give to
the Act q much broader and more
comprehensive scope than the Consti-
tuition itself It is to be remarked.
too, that although the Constitution,
IN tho 18th. 2Oth and 2lst sections of
Article ~. creates the Offices OF
County Commissioner, Probate Judge
and Justices of the Peace, and by the
"a section of Article X, the office OF
County School Commissioner, pre-
scrlbes the terms and directs the mode
OF The election, yet is absolutely silent
as to the time Of such election. The
conclusion, therefore, is irresistible,
that the time of such election was in.
tended by the trainers OF the Constitu-
ton to be left to the discretion of the
Legislature. And this conclusion is
trlumphantly sustained as correct by