Juniata sentinel and Republican. [volume] (Mifflintown, Juniata County, Pa.) 1873-1955, 1876-11-29
The Conflict Between Authority
in South Carolina

usual appearance.
The country is told that the law of
that State gives the power to finally
count the votes polled at elections into
the hands of State officers, called
State Board OF Canyassers. The Board,
under the law-the country is told
has the right to examine iuto cases 10
which 1t is charged fraud has been com
mitted, and it is also empowered by the
law TO examine witnesses in the case,
aud if in the opinion of the board the
frauds are Of such a character as to
warraat, or Justify them in counting out
the fraudulent votes, they may do so.
The laws are all State laws, and not
Congressional laws, as many have been
led to believe they are.
Some days ago, when the time ar
rived for the State Board of Canvassers
TO sit and c. unit the votes and issue ccr
tifcates tn those elected, the clamor
was raised that the Board would not do
what vas right under the law. Repnb-
llcans said great frauds had been COM
mitted, aud in the counties of Edge
field and Laurens the Republican mem-
hers had been cheated By the district
election boards, and that they would
carry the case up TO the State Board of
Canvassers. The Democrats said 81 Ii
these two districts are Republican the
Legislature belong, to that party, aud
that will give the whole State to the
Republicans"
Sad .hs Democrats. /" We will try
thc Supreme Court of the State"
They went to that judicial body and
asked il to say to the Board of tan
vassers that they, the CaDvassers. had
no right to sit as judges on the returns
OF any district; all they had to do was
to count the vote and tell the country
how it stood, and if any frauds had
been committed that would have to be
settled in the courts and in the Lsgis-
la:ure
That is what the Supreme Court was
asked to command the Board of Cam
vasser5 TO do.
The Supreme Court took the ques-
tion. and ordered the Canvassing Board
TO count the vote as they got it from
the districts, aud while the count was
going on the Court would decide what
body should sit aud decide on the cases
Of fraud as alleged in several counties.
Tha Board day after day progressed
VIII the counting of the returns.
The Court day after day was hearing
arguments for and against the question
before it.
Day after day Of the time allowed BY
law for the B lard of Canvassers to COM
plete their work was passing away.
Last Sunday a week the time for the
completion of the work by the Board
expired, but they did not sit on that
day, but on Monday they sat, to make
up for the Sabbath, and completed the
count, and issued certificates of elec-
ton to those they found elected under
the law.
They examined the alleged cases of
fraud and violence in the counties of
Eigeheld and Laurens, and gave the
certificates of election for those coun-
ties to the Republicans, and when that
was done they adjourned sine die.
The Board had no legal existence
after that date; it was the last hour Tor
them to decide.
The Supreme Court bad not yet de-
cided the point as TO who should sit il
judgment on the returns in the districts
where frauds had been committed and
illegal voting done.
When it came in with its decision
the Board of Canvassers had completed
the canvass, and were adjourned Sine die.
The decision of the Court is, that the
Board of Canvassers have no right to
examine into the legality or illegality
OF returns all that they have to do is
to count, and announce them, Issue Ger
ti6cates whsre no contest exists, and
where contest exists issue no certii
Gates, but leave the contestants to 60
into the Courts or Legislature, as the
case ma7 be for settlement.
That is the conflict betDeen authority
an South Carolina
The case is important to all, only SO
far as 1t affects the general election,
and as it affects general principles as
they apply to all.
The country would like :o.k know how the
Supreme Court got hold of the question
of the rights of the CanvassiDg Board,
under the Law. Was it usurpa;ion ou
the part Of the Court to attempt to con
troll the Canyassers IS it did Was it
an attempt at arbitrary power and rev.
oid:,Ja bv the Court
Ii the Coart had the right to do what
j claimed the right to do, did it not
inse its power in this case by coming in 1
with a decision after the Canvassing
Board had discharged It's WORK and had
been adjourned by the law that created
it
la the proper time these points will
all be answered aud settled to the salts
faction of the country, if the hot heads
who have control are kept from getting
up fight, to involve the whole ccun-
try in.
1t is the duty OF every law abiding
Republican and Democrat to insist on
it thai the trouble among the parties be
settled by peaceable means.
If the Canvassing Board has gone
beyond Its powers, let it be punished.
If in disregarding the Supreme Court
they committed contempt let them be
punished, aud if the Supreme Court is
guilty of usurpation, and has placed
itself above law, and dictated in an
arbitrary manner, let it be punished
but neither the Canvassing Board or
the Supreme Court have right to pre-
cipitate the country into a state of war.
They have no weapons but peaceable
ones. The people, who created both
th Ro.rd and tho Conrt have nnf dala-