The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1876-11-24
youth CAROLINA.
Action or tho Canv,sing Beard.

umbi. dispatch TO tbs Herald says that |
the action of the Canvsssing Board ID
based upon the law which requires the
canvass OF the vote to be performed In
ten DAYS, which time expired at twelve
o'clock. The same dispatch gives the
following as the action OF the Board De-
fore adjourning: On the question as to
whether the statement OF the county
canvassers Of Lsnrens county should
be included IN the statement
and determination of the Board, the
vote was yeas, 2; nays, 8. Those voting
in the negative were the Adjutant and
Inspector General, Comptroller General
and State Treasurer. Those voting In
the affirmative were Secretary OF State
and Attorney General. On the same
question as to the county of Edgeheld.
all of the members of the board voted
for its exclusion except the Secretary OF
State.
A Times dispatch says: The court adj
journed until Friday to hear the argu-
ments for and against the new nnandanius
prayed for by the Democratic counsel, In
reference to the returns for presidential
electors. In the meantime the Board o.:
Canvassers, who held their session at the
other end of the Capitol, had taken action
which will greatly simply, II 1t
does not render unnecessary
any further proceedings before the court
in reference TO their powers and duties.
The law of South Carolina, as interpre
tel by the Board and always acted upon
b sretofore, requires the Board to COM
pete their work as State csnvsssers
within ten days from the time they COM
mence their sessions, Sundays excepted.
The time expired at noon to day. There
is difference of opinion among lawyers
as to the true Interpretation Of the
statutes, bat at all events, there
/, no law, and has been
no order of the Court requiring them to
sit longer than the ten days they have
b,en accustomed to sit. The Board
therefore completed its work and adj
burned sine die at the expiration OF that
time, and IS no longer in existence. The
Bo ard give as reasons for their adjourn
meat sine die the following: First, That
the statute, as they interpreted 1t, re-
CURED them to do so; and Second, That
is they mad not done IL the Democrats
might hereafter claim that they
have no power to issue certificates
because the legal time for them
to do it has expired. In other words, 1t
was done to prevent the possibility OF
the Democrats getting any advantage
hereafter on the pretense that the board
had not complied with the law.
GOV. Chamberlain Interviewed.
NEW YORK, November 23,-Tbe
WoridS correspondent at Columbia H.
terviewed Gov. Chamberlain, yesterday,
on the action of the canvassers and The
Supreme Court. The Governor srstains
the action OF the Board, and says that,
under the law, which is mandatory, it
could do nothing else but adjourn. The
law SAYS that it shall sit ten days. The
Board orga 1ized on Friday the 10th, At
II o'clock NJ and emitting Sunday, the
ten days had expired a. IL NJ. today.
The Governor says that the Board did
only its duty by certifying the election of
the Hayes and Wheeler electors, and in
throwing out the counties of Edgefield
and Lawrence. The Governor does not
imit the power of the Supreme Court
{, control the action of the Board during
the time Of its existence, and is
certain that the court has no power to
extend that time. He a'so insists that
the Board has not been guilty Of con.
tempt, because the Court, i'll all its pro-
ceedings, has put no restricting order on
the Board. When asked what would be
the effect of the action OF the Board, the
Governor SAID he was not certain, but
thought it might be the opening out of
large drama in which the whole nation
might be called upon to take part. When
asked his opinion OF the Supreme Courts
action the Governor said he would not
question its motives and would only say
that they had acted in a feeble and tam.
pering manner. II it had made re-
straning order III the first place such NC
ton as the Board had taken to-dsy would
clearly plsce the members in contempt.
United States Judge Bond is here, but
for what l do not know, but that il is the
intention of the Republicans TO carry the
matter to the Federal Court. 1t Is my
impression that any of the duties Of the
Board affecting the election of members
Of Congress or Presidential electors
might be taken up by the United States
Court If the State Supreme Court
should take any action hereafter that
would effect, or threaten to effect, the
Presidential electors or members o. Con.
gress, l think il likely that the jurisdlc-
ton of the United States Court could In
10 Of hn
Board on the ground that they were
in the discharge Of federal duties,
and having discharged them according
TO law, could not be punished for con-
tempt by the State court.
In answer to n question whether the
u. s. Court could in any way interfere
with state matters, the Governor SAID that
the court might say that an order to
reconvene the Board of Canvassers tor
any purpose would effect the federal
officials and might interfere and stop
such proceedings. The legislature as
finally organized should throw out GER
tain counties whose returns have |
been attacked because OF illegal |
fraud and if by their action should be
elected, | would certainly stick. 1t is
my opinion that by an honest count l
have not less than 5000 majority. The
asked the Governor what
would be the result if two legislatures |
should meet next Tuesday. To which !
be replied he did not know, but supposed |
that II it came TO that the Federal gov
eminent would interfere. as it had done |
in similar cases, and settle the matter one !
way or the other.
The correspondent afterwards saw
Gen. Hampton. who takes the matter
quite coolly and says he has no fears of
the result. He maintains that the Board |
OF Csnvassers are clesrly in contempt,
and has faith in the power of the Su-
preme court.
To-day the Court issued an order re-
sonvening the Board of Canvsssers, but
u member of the Board assures your cor
that he will not obey it.
The Question TO be Tested In the
Courts.