The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1876-12-12
MOL. 8. ~
dr. Ba!lftini,


| SOCTH CAROLINA AND ILLINOIS
/ Ia South Carolina the supreme court Of
that state issued q pcremplory manda-
mus, ordering the board of canvassers to
give certificates of election to certain
Democrats claiming 10 be elected mem-
bers of the legislature from Edgefield and
I.aurens counties. In South Carolina
what Is called by lawyers the ''common
law" exists almost exactly as it docs in
| Illinois, aud the common law courts OF
that state are clothed with powers similar
To the powers OF our common law courts
in Illinois. And in Illinois the same
question, which was decided by the SUI
preme court OF South Carolina in the case
OF the Edgcfield aud Laurens members.
has been decided by the supreme court OF
Illinois exactly as it was decided in South.
Carolina.
The case in which the above decision
was made Is found in the 18th volume OF
Illinois Reports, and is entitled "The
People Of the State Of Illinois on the re-
iation Melvill, w. Fullervs. l.. =. Hill
lard ct al. la that case The board OF
canyas.ers had thrown out and refused to |
count the votes polled In the "second |
precinct OF the fourth ward of Chicago" |
in which precinct Melville W. Fuller had |
received majority Of the votes polled. |
ahd.if the votes in that precinct had been
counted. lie would have received the Ger
ufcate OF election a. member Of the legis-
lature OF Illinois from the Sixtieth dis
trict but that precinct being counted
ont John Lyle King appeared to have
the highest number Of votes, and the
board of canyaSsers gave him the certif-
rate OF election az member of the legisla-
ture OF Illinois from the Sixtieth dis
trici. Thereupon Fuller applied
TO the supreme court, then in session at
Mt. Vernon Ga term being then held in
Tor writ Of mandamus TO
compel the board of canvassers to give
him the certificate Of election. ON Full.
Ter $ application the writ OF mandamus ,
was granted, and was promptly obtyed. /
and the hew certificate was received by {
Fuller, and he sat, without contest. as a
from the Sixtieih district in the ,
illinois legislature. n
We copy the following extract, IRON |
he Fuller case. from page il3 of 18th
Illinois Reports -si
The house OF representatives In a
tate legislature. have no such iurisdic-
ion over Tie counting of the votes for
members as will Dust the Jurisdiction OF i
he common law courts i'm proceedings
(Yl- "Y7is1ff0er rirctfu ms the rlgnt 10
ceeiye the certificate OF election, p
md II it Il refused INN,
md given to another. he may can
ipon the courts tor redress By manda-
Aus.
The Democratic members from Edge I
ielu Z and Laurens counties. south
CarOlina, did ''call upon tie courts for
redress by mandamus. : The redress
was granted in that state as it had been
On similar application in illinois and
they were declared by the highest Judi 4
cial tribunal in South Carolina to be the
legally elected members from those coun-
ties and, according TO the way the law
il in Illinois, as well as in South Carolina,
they are the only members Of the legisla-
ture from those counties.
And as the constitutionality of the two
legislatures in South Carolina depends
upon whether the Democratic or Repab-
lican members from Edgeiield and Lau-
rens were elected, it would seem to fol-
low that the Democratic legislature is the
only constitutional legislative body now
in session in that state.