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

Of State canvasscrs exercising jurisdic,,
tion. That the members of the said
board, hcrcinbefore named, end all the
Republican candidates were voted Tor OH
one and the same ticket and the Offices
Of each and every one of them depe'i
upon the same causes aud decision,
and for said G;,dozo, said Dunn, said
iiaync, or any one of tlic",, TO hear
or decide any contest or protest in regard
To the said offices is for them to make
thcmscl' es judges in their own case, and
to enable them to decide the election in
their own favor. Agains, such bold
violation of justice we enter our earnest
protest"
The following was also submitted:
I'VE desire 10 enter our protest against
the decision of the board ,hat the count
Of the electoral yotc shall close within
five days from the 10Th Of November,
aud 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 canvasscfs should so hold"
Gen. COnner's name is signed to all
these, rs counsel for the Democratic can
didates.
The chairman announced that the
board would now 70 into consideration
of these various matters, and make
known its decision un Monday at 10
o'clock. Counsel then withdrew.
The following resolutions were then
offered By Attorney General Stone and
adopted:
L. Rexoired, That the board of State
canvassers do not propose To caD'ass the
returns of Governor and Lieutenant Gov
81 .,
mination Of the election of those officers
is given by the Constitution to tic Gene
raj Assembly.
2. Resolred, That the State board of
canvasscrs have the right to hear protests
as to the election of electors for Pres-
dent and Vice President and members of
Congress, and to give the certificate to
such persons rs have the highest number
or votes
Adopted unanimously.
8. Resoicsd, That it is the opinion Of
the board Of State canvasscrs that the
State Treasurer, Secretary of State, and
Comptroller General have the right to
sit rs members of this board to hear and
determine all questions canning before
them, except that neither of the said
officers shall vote upon his own election.
Unanimously adopted.
MONDAY NOV 13, 1876.
Dunn introduced the following rcsolu-
ton, which was unanimously adopted
Resoiced, That the board hear oral
argument on the point rs to thu limita-
ton of time in which the board can can
vass the returns for Presidential electors,
and that the argument be timed to half
an hour on each side.
(,pn (tOppor -, hnEa1f <,f tbo Da,,0
cratic candidates, submitted the follow
ing paper in regard to the jurisdiction of
the board:
To the Board Of .5tate Canrasscrs
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
scmbly authorizing the board of State
Canvasscrs to hear and decide all cases
under protest or contest that may arise
in regard to the election of electors for
President and Vicc-Presidcnt, members
of Congress and all officers elected ut any
general election held in this State arc in
violation Of Section of Article l Of the
Constitution, and therefore unconstitu-
tional and void
And on behalf of the parties aforesaid,
we demand that the board of State Can
vassers now assembled shall not hear CT
decide any such cases of contest or pru-
test, but shall only act ministerially in
ascertaining, from the returns and state
ments forwarded by III, bonIlis Is county
canvasscrs, the persons who have received
the greatest number of votes for the
offices for which they were respectively
candidates, and declare the san,e and GER
tify it to the Secretary of State.
The argument of this question was pro.
ccedcd with and continued to tomorrow
morning.
TUESDAY NOV II, 1876.
The board met at the usual hour, but
the Chairman announced they had re-
ceived Il summons to meet the Supreme
Court, and adjourned.
~ TIE CoUEr.
After some delay the court WAS organ
lied, 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 ,ubmitted. 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-
gestioMs i'll the case of the State ex rel.
II. NJ. Sims, johnson Hagood, and Others.
VS.. H. f. Haync and others, board of
canvassers, aud II. L. Hayne as secretary
of State. IN. Youmans then rose 70 read
the suggestions.
The Chief Justice said: eve have not
yet decided whether we will hear it or
not. We arc avcrse to hearing so many
original applications. The Circuit Court
he's the same Jurisdiction that NC have"
After a pause, however, the Chief Justice
announced tina the Court would hear the
case. He said: cit is q matter of pub
lie interest, but we beg 10 say thai. our
labors arc very great. have not been
able to cease from my labors 80 rs to be
home this summer"
The proceedings for prohibition and
mandamus rest upon the following
grounds
First. That no executive officer can act
in Judicial capacity under the Constitu-
ton of the State.
Second. That 10 judge can sit in his
own case or in n case iii 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 rs to Governo-, Lieuten-
ant Governor and its own members
Congress, rs 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 ascertaining and
declaring who has received the greatest
nnnnhnr Of vnfnc fnr tho raauoot;,S