The New York herald., 1876-11-15
SOUTH CAROLINA.

SOUTH CAROLINA.
IMPORTANT ACTION BEFORE THE SUPREME
COURT OF THE STATE WRIT OF eRoHIBI-
TIoN AND MANDAMus RESTRAINING THE
BOARD FROM EXERCISING JUDICIAL YuNc-
TON aRANrED-wHAT 1s THOUGHT WILL BE
THE HxsUIT. ea@1 = ~
CoLuxBrA, Nov a. 1876
Tho Board OF State Cauvassers mot this morning At
ten O'Clock but before transactng any business
served with notice 70 appear before the Supreme
Court issued upon petition Of counsel for tho demo-
cratic candidates. for Of prohibition and manda-
mus restraining the Board OF State Canvassers from
exercising judicial functions In the election Of electors
members OF tho Legislature. members OF Congress
ana solicitors and combining them TO Ministerial func
lions only and restraining Messrs Dunn, Cardoza and
Hayne candidates for Comptroller, Treasurer and
retary OF State Tor reelection to these
Offices from sitting judges OF their own election.
The Board Of Convasscrs had decided themselves
tnat they had Jurisdiction over tho election or
Governor and Lieutenant Governor, and hence NO
question was raised respecting them.
Tho Board at once adjourned.
MEETING or rHE COURT
The Supreme Court met At eleven A. NJ. Chief JUS
tice Moses the chair with Associate Justices VIII
lard and Wright, comprising full Bonch. The court
room was packed. Besides the array OF eminent
democratic counsel thero present large number
OF guished visitors, among them Senators Ran
dolph oiNew Jersey; Gordon OF Georgia. Hon. Mont
gomsry Blair Captain J. W Fox. former Secretary Of
President Lincon Hon. A. II. II. Stuart, Of Virginia,
and othera
THE NirIAroRv PROCEEDINGS
began with argument among the lawyers as to tho
ploadings, In which democratic lawyers were in the
mi shoc
OF an eminent lawyer Of democratic stripe in most
excellent temper.
QUESTIONS BEFoRE THE COURT.
The taken up two processes:--
First-A prohibition 10 prohibit tho State Board OF
Canvassers from hearing aud deciding any protest
contest and to connne itself strictly tho ministerial
duty Of summing up tho votes counted by the
county managers Of election;
Secomd--A mandamus compel the Board, after
such summing up b. IT, to certify the election OF those
having the highcst number OF votes
Il was contended that tho Board under constitu
ton OF tho State, can only act mnisterialIy, not
judically to hear protest and determine contests.
WHAT DEMOCRATS sAY.
Tho democrats say that ~ tho Board 10 allowed to
hear and decide three OF them being candidates
election they will decide every democratic protest
against protesans and every republican protest In
their favor SO that they will mako tho vote anything
they please
AcrroE ov ruE COURT.
Under the proceedin3s the soard Of Canvassers
made respondents and the Court passed rule Ia each
case requiring them to appear and by halfpast
twelve O'Clock on Thursday next when the arguments
will begin.
A rExroRARr Myuxcrrox
In tho meantime. with the service OF the rule, the
Board Is enjoined and do nothing.
Its believed that tho supreme Court, all republican
will hold the law as the democratic lawyers contend
ADDITIONAL DETAILS PRocEEpIxcs
This morning tho democratic candidates fer Secre-
tary OF Stato Comptroller General, Treasurer, Attorney
General, superintendent or Education and Adjutant
General rcaors appeared before the Supreme Court
alleging tho State Board OF Canvassers had, at
their scssion few days since. decided they had
right 60 behind the returns Of election for Pres
dental electors aud Congressman made by tho County
Commissioners and exercise certain Judicial functions
had any power act and insisted that by the
stitution and law OF tho state the functions OF the
Dosrd werc purely ministerial, limited 10 adding up
the returns aud giving certificates Of election TO the
candidates who upon tho faco OF the returns, were
shown 70 have majority OF votes
rnK PETITION.
Upon these grounds petitioners prayed for writ
OF mnndamus, requiring the Board OF Canvassers to
proceed add up tho returns aScertan the persons
who had majorities aud gvc certificates 70 that effect
Application was also made for writ OF prohibttion
commanding the Board "a upon protests or de-
eide contests or outside Questions which taken