The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1876-11-22
A SIGNIFICANT COLLOQUY.
BEFORE THE SUPREME
COURT.
Chit Justice Moses Corne rs Elliott
Shutting Of no Avail-The Case
Goes on-Able Argument Of
Gen. Conner-The Momen-
tOus Decision to be
Rendered To-day.
From the News and Courier.l

Rendered To-day.
from the News and Courier.l
COLUMBIA November lG.-The
State Supreme Court met at 1880 to-
day. Many distinguished lawyers
were present, and the courtroom was
packed with spectatoes.
Gen. Conner, for the REALTORS, asked
leave to file additional suggestions in
the application for mandamus. No
objection was offered, and leave was
granted.
Chief Justice Moses suggested that
both the cases for mandamus and for
prohibition be taken up together, as
they present the same question. To
this District Attorney Corbin, for the
board of canvassers, said he had no
objection.
Corbin then submitted an order to
the effect that the board Of State can
vassers were willing aud ready to pro-
ceed' with their ministerial duties, but
are in doubt, and pray the advice of
the Court rs to whether the rule to
show cause is an order to stay proceed
iDgs; that, therefore, the Court order
that the board refrain from the exer-
else of any power until tomorrow at
IL o'clock. Corbin said that the order
was sought for to protect the board.
They had resolved on the intima-
ttion of the Court to do nothing until
their powers IRE passed upon by the
Court; but their time was running
out, and they desired the sanction of
Court so that they might not be said to
be in fault in delaying. He thought,
perhaps, the days during which they
were restrained by the order of the
Court would not be considered as in
the time within which they must pro-
coed.
Justice Willard asked if the order
was confined to the mere act Of count
ing the votes. Corbin said The
board ask for the order that they may
have the advice of the Court. AS we
understand it there are certain minis
terial duties not objected to, all
amount of clerical labor in figuring up
which might be attended to and facili-
tate the result. Justice Willard said {:
l do not see how the proceeding in
mandamus could prevent the perfor-
ance of ministerial duties, and the
proceeding in prohibition IS confined
to judicial duties. Gen. Conner said
he did not oppose the order, but asked
the Court to read the last clause Of it
The clerk read the order. Chief JUS
tice Moses said he had m~isconceived
the order. He had thought it only re-
strained until tomorrow the exercise
of ministerial acts, while now it SEEM
ed to restrain the board from all acts
whatsoever. Corbin proposed to in
sert words limiting the restraint
TO the judicial powers. Gen. Con-
ner said he could not consent to
an order as amended. Justice Will
lard thought if the word ministerial"
was defined there would be nc O6jec-
ton to the order. Corbin then with
drew the order.
Chief Justice Moses said: "Mr.
Corbin, the Court IS very much dispos-
| ed to have the work referred to in your
proposed order done. 1t ought to be
known to the Court what is claimed
as ministerial on the n side and
what on the other. If you mean to
contine it to aggregaling the votes and
returning and ascertaining how many
A, B or G. has received, l have no
doubt the REALTORS will agree to it,"
He suggested that the counsel consult
and agree upon an order to save time.
After some consultation On each side,
Messrs. Conner and Corbin said it
would be impossible for the counsel to
agree on this point. Chief Justice
Moses said "Shall we consider this
motion withdrawn p" Corbin: mot
ut all. We have said all we could"
Chief Justice Moses said: 1.-The
Court is disposed to grant the order
leaving out the preparatory part and
inserting that it was passed by con-
sent, and clearly stating. what was
meant by ministerial duties; If SO
amended, and no objection is heard,
we will pass it," Gen. Conner:
1.-THE Court has laid its finger on the
very point Of u objection. We hold
that the word ministerial is ambigu-
Gus, and ask the construction of the
Court upon it.H Chief Justice Moses
said to Corbin: "You have asked
that the words ministerial duties be
defined and to object to that is in
consistent with your notion" Cor
bin: II suggest that we proceed with
the case and let the order be prepared
at leasure."
The returns in the two cases are
alike, with the exception of the words
ministerial" and judicial" Elliott
read tine return of the respondents,
the board, setting forth the following
points /: That the duties and powers
of the board are defined by chapter s,
title =, of the General Statutes that
section 7, chapter 8, directs their du-
ties rs to members of Congress and
electors for President and Vice Presi-
deut: that the same chapter directs
the secretary Of State to cause u copy
of the certified determination of the
board to be sent to each of the persons
declared to be elected, &C., &c that as
to the matters Of fact stated by the re-
lators, they admit them to be true, ex-
cept rs to whether the several boards
of managers duly counted the votes
and returned the same, aud whether
the board Of county c%anvassers made
statements, as required by law, and
forwarded the same !: and as to those
matters these respondents are not in
formed they admit that a portion of
the returns have been received, but
they have not as yet proceeded to ex-
anime and certify the same; some
have not yet been received that as to
the suggestion that Cardozo, Dunn,
aud Hayne, members of the board,