The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1876-11-23
SOUTH CAROLINA.
Proceedings in Court-Remarkable Re
quest of the Democrats.

COLUMBUS, Nov. 22-Judge Wright stated
in court yesterday, that he dissented from the
action of the court in ordering cauvassers to
report to court the result of canvassing the re-
turns. He considered such action illegal. The
returns, however, were handed in by the board
OF canvassers, with a protest against the power
OF the court to require such a report.
The counsel for the Democrats then asked the
court to grant two orders,-on requiring thu
board to forthwith certify the election of all AS
semblymen and Congressman appearing to be
elected on the face of the returns. and COM
manding the Secretary of State to issue certif-
Gates OF election on this certifcaton of the
board; the second order, restraining the board
fromiflling certificates of election Of any of the
Presidential electors or state and county Off
GERS, and directing them to set to work and
compare county returns with those of the pre-
cinct managers, and report the result to the
court.
The impudence of such request astonished
everybody except the lawyers who made it,
and apparently took the court by surprise.
Mr.. Carbin being asked by Judge Moses what
he had to say, replied that he was so astonshed
by the extraordinary and unheard of appica-
ton of counsel on the other side that he hardly
knew what to say. He proceeded to comment
on the remarkable attitude of the opposing
counsel, and their violation of all known rules
of practice in asking for two separate iudg-
ments on one writ of mandamus, when be was
cut short by Judge Moses who said no further
argument on that point was needed, as the court
agreed with him and would not grant the or.
ders OF the present stage of the pleadings.
The Democratic counsel were then granted
permission to change their pleadings and sever
their cases.
During the afternoon session ex.Attorney
General Akermap, by invitation of Judge
Wright, made thorough argument in favor Of
the right OF the board to go behind the returns
and investigate the manner in which members
claiming seats in the Legislature were elected
lie argued that it was just as important to the
people of South Carolina that fraudulent votes
should not give man seat in the Legislature
at the outset, as it was that they should not seat
him there permanently.
The court then adjourned till today
Laurens and Edyefeld Counties Thrown
Out-Chamberlain's Election Secured.
COLUMBIA, Nov. 22.-The board of state car
yassers yesterday made report to the Supreme
Court, stating the persons who had received
which they were candidates Appended to
the report OF the results was a memorandum of
the board, stating that in their opinion certain
Irregularities which affected some of the Re-
publican candidates shonld be corrected, and
also that the votes of Laurens and Edgfeld
counties, which gave large Democratic MAORI.
ties, should be excluded on account of frauds
and intimidation. This morning the court
made an order commanding the board to issue
certificates of election to all the persons who
were shown by the report of the board to have
received the highest number of votes for mem
bers of the Legislature including the counties
of Edgfeld and Laurens. The court also took
up the case of the electors and issued rule on
the board to show cause why they should not
correct the statement of county canvassers by
the precinct returns in their possession. Pend
ing these proceedings of the court, however,
the board held a session and issued certifi Gates
to all the members of the Legislature except
for Laurens and Edgfeld counties, thus secur-
ing majority of the Legislature to the Repub-
licans, the defeat of Hampton and election of
Chamberlain. The board also issued certifi-
Gates CT election to the Hayes and Wheeler
electors and to all the Republican state ticket
The board then adjourned sine die. The action
OF the board created much excitement, but the
citizens are determined to rely upon the courts
and exhaust all legal means of redress.