The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1876-11-23


Haync, or any one of them, to hear
or decide any contest or protest in regard
to the said Offices is for them to make
themselves Judges in their own case, and
to enable them to decide the election in
their own favor. Against such Il bold
violation of justice we enter our earnest
protest"
The following was also submitted:
"We desire to enter our protest against
the decision of the board that the count
of the electoral vote shall close within
five days from the 10th Of November,
and claim that, while the count must
commence on the fourth day from the
10th of November, it can continue until
the returns are complete, and that the
board of State canvassers should so hold"
Gen. Conner's name is signed to all
these, as counsel for the Democratic can
didates.
The chairman announced that the
board would now 90 into consideration
of these various matters, and make
known its decision on Monday at 10
o'clock. Counsel then withdrew.
The following resolutions were then
offered by Attorney General Stone and
adopted:
/. Resolued, That the board Of State
canvassers do not propose to canvass the
returns of Governor and Lieutenant Gov
ernor, as it is of opinion that the deter
mination of the election of those officers
is given by the Constitution to the Gene
raj Assembly.
2. Resolved, That the State board of
canvassers have the right to hear protests
as to the election of electors for Presi-
dent and Vice President and members of
Congress, and to give the certificate to
such persons as have the highest number
or votes.
Adopted unanimously.
8. Resolvsd, That it is the opinion Of
the board of State canvassers that the
State Treasurer, Secretary of State, and
Comptroller General have the right to
sit as members of this board to hear and
determine all questions coming before
them, except that neither of the said
officers shall vote upon his own election.
Unanimously adopted.
MONDAY NOF. 10, 4oio'
Dunn introduced the following resolu-
ton, which was unanimously adopted !:
Resolved, That the board hear oral
argument on the point as to the limita-
ton of time in which the board can can.
yass the returns for Presidential electors,
and that the argument be timed to half
an hour on each side.
Gen. Conner, in behalf of the Demo-
cratic candidates, submitted the follow
ing paper in regard to the jurisdiction of
the board:
To the Board Of State Canuassers:
On behalf Of the citizens of the State
whom we represent, and of the Demo-
cratic candidates on the State ticket, we
submit that all acts of the General AS
sembly authorizing the board of State
Canvassers to hear and decide all cases
under protest or contest that may arise
in regard to the election of electors for
President and Vice-President, members
of Congress and all officers elected at any
general election held in this State, are in
violation of Section 2 of Article of the
Constitution, and therefore unconstitu-
tional and void.
And on behalf of the parties aforesaid,
we demand that .he board of State Can
vassers now assembled shall not hear or
decide any such cases of contest or pro-
test, but shall only act ministerially in
ascertaining, from the returns and state
ments forwarded by tile boards of county
canvassers, the persons who have received
the greatest number of votes for the
offices for which they were respectively
candidates, and declare the same and GER
tify it to the Secretary of State.
The argument Of this question was pro-
cceded with and continued to tomorrow
morning.
TUESDAY NOV IA, 1876.
The board met at the usual hour, but
the Chairman announced they had re-
ceiyed summons to meet the Supreme
Court, and adjourned.
IN THE COURT.
After some delay the court was organ
ized, and, having disposed of the Whip,
per-Reed case by announcing that ten
days' extension of time had been allowed,
the Chief Justice said he would now
adjourn the court, unless other business
was submitted. He inquired if there was
any. Gen. Conner rose and said: We
are here to ask the aid of the court in its
original jurisdiction, and to submit sug-
gestions in the case of the State cx rel.
r. NJ. Sims, johnson Hagood, and others,
VS.. H. f. Hayne and others, board of
canvassers, and III. E. Hayne as secretary
of State. Mr.. Youmans then rose to read
the suggestions.
The Chief Justice said: "Wc have not
vet decided whether we will hear it or
not. We arc averse to hearing so many
original applications. The Circuit Court
has the same jurisdiction that we have"
After pause, however, the Chief Justice
announced that the Court would hear the
case. He said: "It is matter of pub
lie interest, but we beg to say that our
labors arc very great. ! have not been
able to cease from my labors so as to be
at home this summer"
The proceedings for prohibition and
mandamus rest upon the following
grounds
First. That no executive officer can act
in a judicial capacity under the Constitu-
ton of the State.
Second. That no judge eau sit in his
own case or in case in which he Is IN
interest in the decision.
Third. That there are other tribunals
provided by the constitution to determine
questions of protest and contest, to wit:
The Legislature as 70 Governo-, Lieuten-
ant-Governor and its own members
Congress, as to its members and the
courts of law as to county officers and
officers named upon the State ticket.
Fourth. That the action Of the board
can only be ministerial asccrtaining and
declaring who has received the greatest
number of votes for the respective offices.
AGo- ,ro,,p,ont tho Court decided to