New-York tribune., 1876-12-06
TILE SOUTH C1ROLINA ELECTION.
TIE BOARD OF CANyAssERs RIGHT.

TIE BOARD OF CANSASSERS RltiHI.
ILLEGAL INTERFERENCR or THE SUPREME COURT
An ATTEMPTED UsURPAIION OF THE BOARDS
powERs-rHE BOARD COMPELLED 10 ADJoUhS
To me Edttor OF The Tribune.
Sm: The Board of State Canvassers of South
Carolina have been accused dcyin the law II regard
TO Nh orders Of the Supreme Court of that State Its
due TO them and the country that the actual facts should
be- told.
Wien the board met the day fixed by law tNov 1O)
certain gentlemen representing the Democratic candl-
dates were attendance, and made sun Try queries OF
the board their proposed action Suca OF these
ouC rcs "A were I'm writing answered IN writing,
NJ tho board then awaited the arrival Of returns OF the
aycrl boards OF county canvassers Among the ques-
irons raised was u the power OF the board 10 hear
protests and the various officers voted Tor
A power expressly conferred by the statute, but
Which tue Democrats claimed was unconstitutional Inc
hoard decided to the powers thus expressly
given them This was made the basis Of proceeding In
the Supreme Court the State against the Board OF
STATE Cauvassers on behalf Of the Democratic
candidates 10 prohibit the board from exercis
ing any but ministerial functions, ana 10 con-
c II 10 declare elected such persons aS were founu
10 have had the highest number OF votes according
n The statements aud returns forwarded by the Boards OF
County Canyassers. The prayer for prohibition ana
rnau,quu, was made In form Of proceeding. In
otIrr words the court asked to grant upon one
,ion two totally distinct modes Of relief The court
very kindly suggested that there should - two separate
and distinct proceedings instead Of one when s"S~eS
ton the Democratic lawyers Immediately acted upon
The board made rs return TO the court anu III lesai
nght began.
NOW in the cases presented the court there were
su,s m fact involved. What tho Democrats alleged AS
,tr of fct were admitted but the conclusions or law
,er, denied. Here thc0 two independent issues
f law: ID Had the Board OF state CInvSSers any power
70 exercise judicial quasijudicial fuucionsi (2l
s,oud 1t declare the election CT every person WHO had
received Oh the face OF the election returns the greatest
uumr Of votes These points were fully argued 70 the
and II would have been easy for the court to de-
eide them one way or the other. In the mean time the
tIne fixed by law within which the board could act was
rnnnIng on Tho Board Of Canyasscrs, feeling enbar-
raised ms to their duties went into court and asked how
far they might proceed with them. The court took time
to consider and, instead OF giving any direct ihSruconS
To tho board, dd whatl
Why il ordered the board to 80 on and perform the
clerical labor OF Ggregatns the statements from the
Boards County Canvassers and certify the result OF
such aggregation TO the court
Well tho board did go on and do this work, and when
il had finished labors it made statement to the
court bnt at the same time il protested that the court
had no right to call for such statement In making this
protest the board also declared that 1t could not because
f certain allegations and evidence Of fraud filed In re-
laon 10 Iaurens and Edgeteld Counties &C. determine
who were properly elected in those counties sui the
time passed No order came TO the Doard from inc
court The 22d OF November arrived, and the board
must cease its abors that day. The returns had all
been aggregated aud 1t remained to make declaration
Of the election The statute required this TO be done.
On the declaration which should DE made depended the
electoral vote OF South Carolina for President ana Vice
President the State officers members OF the General
Assembly aud All other officers but Governor aud
Ic I,aut- Governor Another days delay would have
rpsul total failure To have any officers declared
elected because the board expired by statutory lmita-
ton on the day. Tho board, therefore made It's
declaration and filed the with the Secretary or
state required by law 10 do and adjourned s.ne de
That night within an hour two OF midnight. the mem
beers OF the boar first served with peremptory
Inandamus to declare as duly elected 10 the oenera
Assembly such PERSONS appeared by the statement
made the Supreme Court 20 have received ths highes
number of votes. The order had been already voiun-
EARLY complied with by the board except as 10 the
counties Of Edgeed and Lauren concerning which h the
think il could properly mako any declaration % ~ what.
m only thing 3 for Sn the DO %na 70 the
directed or should they tell the court that they could
had Ey performed their duties and had adjourned sine
die The board in the light OF such legal authorities as
convene or perform any action board The result OF
tho maintenance OF this legal poston-a position sus-
States-s that the board s In JAN for alleged contempt
order communicated % II aud only served On
1t nearly II hours after IFS inal adjournmentl
Let this also b, understood: The court has not yet
decided that the Board OF State Canvassers has no power
the case until the final adjournment of the board
nterlocutory other restraining order of any sort was
by cOuit VT, II hh'tc, srtfcu w tue nouolS
the board Another thing ought to he borne In mind
II charged that the action OF board done for
the purpose OF cheating don out OF the electoral vote
Of the State The truth IL that SO ar as the electoral votes
are concerned they were canvassed from statements OF
boards county OF the several counties OF
the State, every one OF which statsments was signed py
n Democratic commissioners OF election. There was no
county whose rejected no votes were added
by resolution OF tho Board On the statements then-
selves, every Hayes and Wheeler eiector had clear
majority Moreover, In two counties, owing TO an error
part OF clerk OF election votes for Hayes ana
Wheeler eecor were not entered counted although
fully explained by managers afidavts These votes,
Justly due TO Republican electors, not allowed on
tile aggregation OF the returns. To have defeated the
will Oh the people by fng TO declare these Republican
eecors elected would have been crime indeed, for
which the Board could not hope TO have found pardon
from the loyal people OF the country. ,.
COIsasbid. g. o., Dec. l. 1876.