Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1876-11-24
The Action Of the Board Of Canva&sPrS
Claimed TO be in Accordance with the
Law

The Action Of the Board of CanvaSserS
Law.
New YoRK, November pa Columbia
| dispatch tc the Herald says that the action Of
the canvassing board Is based upon the law
| which requires the canvass of the vote TO be
/ performed in ten days, which time expired ut
\ twelve O'clock The same CHspatch gives the
| following as the action Of the board before
adjOuTnmg: '.CR the question as to whether
the statement Of the county. cslnvassels Of
| Laurens county should be included IN the
statement and determination of the board.
the vote WIS: Y eas. two; nays three. Those
voting IN the negative We're the adjutant and
inspector general cOmptrOllcr-general and
state treasurer Those voting in the afirma-
tive were the Secretary Of state and attorney
general. On the same question rs to the
county Of Edgefeld the members of the
board voted for its exclusion except the secre-
tary of state
Another version.
NEW YORK. November PA Tisies Co.
lumba dispatch says: ''CoUut ADJOURNED till
Tuesday, to hear the argument for and against
the new mandamuS prayed for by the Demo-
cratic counsel in reference to the returns for
Presidential electors. Meantime the board
VI NtilN dcStl~- ilD ikttl titlL Str>lOll ttL int
other end Of the capitol, had taken action
which will greatly simplify, if it does not rem
der unnecessary any further proceedings be-
fore the court in reference TO their powers
and duties The laws of South Carolina, a.
interpreted by the board, and always acted
upon heretOrOrr, require the board to COM
plete their work as State CanyasserS within
ten days from the time they commence their
session, Sundays excepted. The time expired
at noon to-day. There Is difference Of Opin-
ION among lawyers as to the true interpreta-
ton of the statutes, but ut all events there Il
no law and has been no order OF the court re-
quirIng them to sit longer than the ten days
they have been accustomed TO sit; the board
therefore completed its work and adjourned
SiTc die 1T the expiration Of that time. and Is
no longer in existence. The board gives as a
reason for Their adjournment sine die: first,
that the statute a. they interpret II requires
them 10 DO 80: and second that If they had
not done It the Democrats might hereafter
claim that they have no power to issue eertif
Gates, because the time for them to do it has
expired. In other words it was done TO pre-
vent the possibility Of Democrats getting any
advantage hereafter on the pretence that the /
board had not complied with the law.
Governor Chamberlain interviewed. |
New YORK November 2-}5.ZTh6s UorIds |
correspondent at Columbia interviewed Gov /
cmor Chamberlain yesterday upon the action |
Of the board Of canyasscrs and the supreme !
court. The governor sUIstains the action of /
the board, and says that under the law which I
Is mandatory, it could do nothing e,se but
adjourn. The law SAYS it shall sit ten days.
The board organized on Friday, the tenth IN !
Staut, at twelve clock noon, and, emitting /
Sundays, the ten DAYS expired at twelve /
a.. -,
the board did only its duty by certifying to
the election of the HAYES and Wheeler elect
ors, and in throwing out the counties of
Edgeheld and LaurenS. The governor does
not admit the power Of the supreme court to
control the action of the board during the
time of It's existence, and is certain that the
court has no power tOeXtCHd that time He !
also insists that the board has not been
guilty Of contempt, because the court in all
of its proceedings has put no restraining
order on the board.
When asked what would I've the effect OF
the action Of the-bearo, the governor sud he
w,ls not certain, but thought it might be- the
opening act in d large drama, in which the
whole nation might be called upon to take a
part. -...... ......
When asked his opinion of the supreme
courts acton, the governor said that he
say that they had acted in feeble and tam
pcrng manner. If IT had made the restrain
ing order in the first place, such action as the
board had taken to-day would clearly place
the members in contempt. United States
Judge Bond is here, but for what purpose |
do not know. ] do not know but that it Is
the intention of the Republicans to carry the
matter to the Federal courts, but it Is my I'M
preston that any duties of the board affect I
ing the election OF members Of congress
and Presidential electors might be taken up
by the United States courts, and if the State
supreme court should take any action here
after that would affect or threaten to affect
the Presidential electors or members of con-
gTess, think it likely that the jurisdiction of
the United States court could interfere to pro-
tect members Of the board on the grounds
that they were in the discharge of Federal
thIties. and having discharged thens saccording
to law could, not be punished for contempt by
the State court.
In answer TO the question whether tile Uni
ted States court could in any way interfere III
State matters the governor said IdtheCOurtmlght
say that the Order to recOnyenc the board of
for any purpose would affect Fed
eral officials, and might interfere and stop
such proceedings. If the Legislature, a. final
" organized should throw ont certain conn
ties whose returns have been attacked De
cause of illcgahty and fraud. and by their Ic-
ton | should be elected. | would certainly
stick 1t Is my opinion that by an honest
count | have not less than eight thousand !
majority.
The correspondent asked the governor
what would be the result if two legislatures
should meet next Tuesday, to which he re
piled he did not know, but supposed that If it
came to that the Federal government would
as it had done In similar cases, and
settle the matter one way or the other.
The correspondent atterwjjrl sew General
Hampton, who takes the matter quite coOlly
and saws h. has no tedrs of the result. He
that the board Of canyassers are
clearly in contempt. and has faith in the
power Of the supreme court to compel n tur
count.
To-day the court has issued an order re-
the board Of canvassers to-day.
A member of the board assured the core
spondcnt that he would not obey It.
Public Opinion Throughout the state.
COLUNBiA. ). c.. November 3-Consld-
cradle excitement Is reported throughout the
State but there has been no demonstration
Of violence. The action OF the board OF state
canvassers is considered final by the Repub-
licins. while the Democrats claim that It has
10 effect, because the whole question was IN
in the hands Of the supreme court, I
and that the board Is guilty Of contempt.
They express the determination to continue
in the courts and bring matters to a Conclu-
sion there. Last night the Democratic cOm-
sci served wits Of mundHnns, issued yester-
day BY the court, ON the officials composing
thr board. The supreme CONT Nill meet to-
morrow to hear th,. return OF The board II.
W Powers. adiutant aud inspec'or-generaL
and member ofthebOard Of canyaSs'.l's, says
he has resigned his office.