The New York herald., 1876-11-23
SOUTH CAROLINA.

SOUTH CAROLINA
COUP DxTAT BIZ THE BOARD OF STATE CAN
vAssxRs-rHE DECISION OF THE COURT
IGNORED AND CERTIF1cATxs ISSUED TO THE
HAYES ELECTORS AND REPUBLICAN cANp1-
DATES FOR THE LEoIsLATURE-LEGAL Eff
FEET OF THEIR Ac11oN-1NDIGNArIoN AMONG
THE DEMOCRATS.
[BY TELEGRAPH TO THE HEEALD.1
CoLUMRIA, s. G., Nov. %, 1875.
Tho political situation hore assumed a most extra
ordinary phase to-day in the adjournment die, Of
the Board Of state Canvassers at the very instant
almost that the Supreme Court ssuins peremp-
tory mandamus directing the Board to issue certi-
Gates OF election to the Senators and
Of the General Assembly by the Board to
have received the highest number Of voseS as made
In iss return TO the Court yesterday.
SITUATION.
A. stated in my dispatches to the HERALD pre-
viouay the Board Of Canvassers under the direction
Of the Supreme Court aggregated the vote OF the State
from the returns OF the county made
Of their aggregations and OF the vote
which show the following results far a. the State
Legislature is rnsd:-Senate-Republ Is,
democrats IL. House-Republicans, 60; democrats;
o. The question to issuing certificates this
primd taeis evidence taken under advisement by
the Court yesterday, and this morning the Court do
lvsred the following opinion and ordsr:-
COURT
The STATE Of South Carolina. in the Supreme Court,
april Term 1S76-The State rel R. NJ Sims ct al
o. H. Hayne ct al, Board Of State Canvassers, and
II. E. Hayne Secretary Of State-Suggestions for
damus by Chief Justice Mosos.-The necessity for an
Immediate decision prevents, for the present, any
tended OF the Court the question submitted
for its determination neither does It propose
declare its OF the extent the character OF the
powers Of the Board Of State Canvassers except so
far they relate to the election Of members Of the
General Assembly. Tho constitution, by the four
tcenth section Iof the second article declares that
"each house shall judge Of tho election' return
and qualifications OF its members. 1t ncces-
sary therefore, for the organization of each house that
= mode should be provided through which the choice
OF the electors might be made known far pri-
mary appeared from the evidence which the statutes
required should be submitted to them. Without
such mode or ascertaining in the first instance the
probable will of the constituency there could be
ganization Of either houses 1t not intended by
the authority conferred the State Board delegate
to any the powers vested by the constitution In
each house, but merely to provide the mode and man.
ner which deemed the most reliable and cnsc-
tive In ascertaning in each county the will
OF the people expressed through tho ballot-box
the Offices be nled by the election Tho machinery
by which tho proposed end to be met was through
tho appointmcnt OF Precinct Managers, Boards OF
County and the State Board OF Canvassers
The several statements submitted TO the board last
named, required by the act, provided the means
Of judging OF the election return and qualifications
Of the members Of each house, but OF asccrtaining
who, according to the mode by which the tact to
be established entitled to the certificates not TO
show the election the OF the constitution
but apparent people expressed in the
"statements and this conclusion to DO reached by
The evidence Of the number and OF the par
lies whose favor the greatest number OF votes was
gwen for The Senate House, the case might be-
Il not competent for the Board determine, as
the House only could, who in fact the chosen
member. for the OF means 10 that end
commensurate with that OF tho House ANY one
lvcrring against the scat OF another who admitted
by OF the certificate does his right
by way Of appeal from the action OF the Board, but
asks tho intervention of tho H by force OF
terest and original jurisdiction.
The Board OF State Canvassers having certified to
this Court the number OF gwen in the various
counties for members OF the General Assembly now,
In accordance with the views herein expressed II Is
ordered that writ Of pcremptory mandamus do issue
directed TO the Chairman members OF the Board OF
V6ta,e Canvasscrs and Secretary state command
ns tho said Board forthwith declare duly elected TO
the Offices Of Senators, Members OF tho House Of Rep
rcscnatves the persons who by said certificate the
said Board this Court have received the greatest
number Of votes therefor. and do forthwith deliver
csaed statement and declaration thereof to tho Sec
resary OF State, and commanding tho Secretary
Of state 10 make the proper record thereof