The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-12-11
SOUTH CAROLINA HISTORY.
THE FACTs As A COMMITTEE or con-
GRESS VIM FIND THEN


Curiosities Of Carprt-Bnq Leg,sIation-Cnu-
didates n. Canvnssera- One Way OF Carry-
Ing an Electiod-Tbc Issues in the supreme
Court-i.aw and Ururpaiion Confronted
CotuMptA. Dec. 6-The Election law in
South Carolina is very loose. Large powers are
waited I'm tho Board Of State Canvassers, though
the legality Of the body itself Is seriously 10
ouestion. The Democrats have entered suits In
the case Of state and Presidential ofices upon
several grounds. The INST Ia that the Board OF
state Canvassers Ia unconstitutionally appoint
ed 1t IL composed OF the Secretary OF state,
Comptroller General, Treasurer, Adjutant and
Inspector-General, Attorney q cneral, and the
Chsitman OF the House Committee on Privileges
and Elections. The first four are executive OH
GERS. and the last a legislative officer. In their
duty rs canvassers Of deciding ptoteste and con-
tests end hearing evidence, they act In judi
cial capacity. The State Constitution provides
that the Executive Judicial, and Legislative de-
partments Of the Government shall be kept for
ever distinct. and no person exercising the du-
ties Of one shall assume or exercise the func-
tons Of any other. II this plea IL sustained, the
whole Canvassine Board fails to the ground, or
else IL confined to the purely ministerial duty ~
simply agRregatinR returns. leaving the decision
OF contests to rest with some other Judicial
body. which, according to the theory of tue best
lawyers, should be the Supreme Court Of the
State. rhe Constitution gives 1t authority TO
review the action OF all courts, and vests In 1t
tho power Of issuing writs Of quo warranto,
mandamus, and prohibition, ana other remedial
wits.
A second plea Is that the mai rity Of the
board are candidates for reelection and "a all
the candidates for electors aud state and county
officers were voted for On the same ballot. the
canvassers cannot reject or include any ballot
for any person without practically affecting their
own reelection. Tue state Constitution iotOiIs
any one to ~ n JUDGE upon case IN which ne
Is Interested. lhis plea Affects more particular
Nv the Offices OF Treasurer. Secretary OF state,
and Comptroller General. the three Tor whlch
members Il the C.nvassing Board are clndi
dates fOt reelection.
The third lea bears directly upon the election
OF members of the Legislature, and upon its
two rival Houses II kepre-ent ,tives Il the legal
onoY The following Is the law on the subject
mark II. section 70 OF chatter :, OF the Revised
Statutes, declares that the CanvassiDg Board.
after receiving statements from the count,
board, shall proceed upon such statements ITO
determine aud declare what persons have been,
by the greatest number 81 woes. duly cleo ed
to such Offices, or either Of them lhey snail
have power, and It Is made their duty to decide
all cares under protest or contest that m y arse,
when the power to do so does not. by the Con
ttitution, re- side IN some otner BODY" Now
section II. OF article .. Of the Constitution, IN
speaking OF &, e Legislature says. " L. oh House
shall Judge OF the election returns and quiin-
cations Of its own members" bs this d will pe
seen that the power to judge contests or pro-
tests in anN election to either House rests cx-
clusively IN the House ITSELF. aud the only duty
ceive the statements Of tho county board ana
forward them 10 the sccre airy Of State, wno
shall issue prima IA ie cerii4cate to tho mem-
bers receiving the highest number OF votes.
These are the different branches Of the case
now pending N tie S9preme Court. That TOR
cided In favor u the Democrats. The facts in
volv, d are rs flows Inc board Of STATE Can.
vas-ers received tue returns rom all the coua-
ties. they were regular IA form, none more 80
than those from Elgen-ld ana Laurens cOun-
ties. which showed lIrse maj rites for the
Democratic Senators aud members OF the House.
The RepuUhc e .nuldatrs nlel protests tn & tn
these counties fraud and intimidation were
practlsed. In others the Democrats filed similar
IrOtes =. II the Constitution II clear any
ront II Is on this. that these protests should be
decided IN the respective Houses, and that the
returns. being rcsu OF their face, the canvass
ers had nothing to do except t. send them TO
the cretar' OF state. witn tue protests accom-
TuuNiug. wine MS sOle d4fN was to issue uriiiIn
fuce certificates to tie Democratic memuer-
ana iorN ri tn protests 10 the TWO Houses Tor
bua decision. BAT the board heard ana de-
Gded The protests To these two counties, the
secrethr' vi state, IN his c@pacity "a canvasscr,
protesting aLainst This. On the round that the
evidence heard tx y rte WAS in character. lIad
the canv -ssers cted III accordance with tue
Constitution, the Democrats would nave gained
the primary Organization ~ ne II use #; but they
trans GUIDED their constitution powers, DIS
obeyed cousfitu 10 al command ana by
Throwing out these counties attempted 10 give
the PRIMARY orr nizauun 81 the house to the
Republicans. Inc canNassers interpreter the
Law to sIt tnem-eiNrs. glving different con
struction TO tie atute from mat held 10y the
Democrats, and 10y eX Attorney General Melton,
puDiirdu himself.
ia tins complication the Supreme Court Of the
State was c,iled In to internret the st.tute,
nothing more, nothing s.. Aud mat Court IN
piaIn Lanre Of it, uuty gave the interim, Ia.
ton, ana drciued that tnr tnyAssers could not
hear protests aneciing the Legislature but that
the Denucratlc members from EIgrueld and
liuTeus We're eLti led to priinA face certificates,
and 10 sit ~ the ttmporary Ufganizdtion OF the
House lhe Count itself IA no. near and decide
the cont est. IL nlV4cly DECIDED That the e N
Nassers should uOt, auu that the Wuolc IN ,t,er
should tie relerfed, where 1t belonged, 10 ihe
Legislature.
The canVAssers and the Secretary OF State re-
fused to issue certificates, and theieupOn tue
Clerk Of tue Circuit Court merely certified that
upoh ths lace 81 TIE returns OF Tue county
bOards tue democratic canuld tes from Edge
Held and Lhurcns respectively appeared u have
been elected, Just a. Tue keUuDlicau candidates
from Charleston ana Beaufort and Darlington
aud kersnaw and other couutes. in wtich tie
DEMOCRATS ca protests, also ppeAred ny the
face OF the returns to be elected. This certin-
cate decided nothing. 1t SIMPLY placed tho
democrats from Eig. held aud Laureus on the
same footing IS tue hepuUlicaus whose seats
were likewise contested.
when tue Legislature met, the Democrats
placed the Edgened ana Laurens deieg ,tiOn III
front, and attempted 10 cutter tue state House,
Iney were preye nted, as IL known, Nv tue cor.
pOral Of the FEDERAL guard, VINO assumed to
decide the validity 81 the seal OF the supreme
Court of the State and from whose decision
there WIS no appeal. rue Mack,y House Or
gained with nfy-nine metLbers. lie U Is what
the Consultation says about "a quorum. Section
Of article H. provides that The House OF dep
resentatlves snail consist Of IA members And
section Ia, "A majority OF each mouse snail
ooDstitute quorum 10 do business" The
Wallace House organized with sixty nye mem
bers, inc!uulDg the Edgeheld aud l. iurens dele
cations, ana tne supreme Court has recognized
II as the legal House.
Tue senate Mnlcn had Republican ajOrty
refused to recognize tho Wallace House.
Ibls Is the legal aspect VI the legislative mud
die. The other state cases VIII be decided by
al supreme Court whicn las Dy the CUn,ti,u
ton, jurisdiction Ia all election cases by quo
warrant. Tie electoral question viii also he
decided ~ quo wafrAhtO. Ihe point involved
In TINS II that the County Boarus altered the
precinct returns, The latter give lilden ma
Jority, lie former elect HiNes. The Demo
Gratis hold mat the precinct returns made i'm
mediateB after the election, before Sufficient
time had elapsed Tor collision, are more ren
able than Tue cooked W turus Of tue county
board.