The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-11-28
ONE MORE POINTFOR HAYES
JUD0E BOND As USEFUL A. WAS
THE INFAMOUS DURELL.


0verridInG Law and Precedent TO Release
south Csroi,pa's Impri-oned Canvasscrs
-Chamberisin TO Inausuratc Himself MS
Governor at the Point Of the Bsyonet.
COLUMBIA, Nov. H.-There is great ex-
eitement here over the anticipated interference
by Judge Bond, OF the United states Court, TO
release the I'm prisoned Board OF Canvassers. IL
is believed that the Supreme Court will attach
Rim for contempt " he interferes. dispatch
ON Washington to the imprisoned board tells
bem to stick and tn It money has been sent on
Co pay their fines. The members OF tho board
are very tirod Of jail life and are anxious for
sheir release. The United States Court will
meet to-day. Crowds OF people are coming into
the city TO attend the courts and State fair, and
also to witness the inaugural ceremonies.
Up. Non application for wrius Of habeas
corpus, the Board OF State Csnvassers were
brought this morning into the United States
circuit Court, Judges Bond and Bryan presld-
ing. The board were In the custody OF the Sher-
10 OF this county, who. through counsel, aeked
for time to make a return to the application for
the wris. The Court signined that time would
be granted, and that the prisoners would be held
In the custody OF the court pending the return.
The application was based on the ground that
the board were discharging the duties Of APP
pointing Presidential electors when the Supreme
Court OF tho State interferei. On a subsequent
motion of counsel, time was Rr ntcd until Wed =
Desday, at 10 A. NJ, to make a return, pending
which the board was placed In charge Of the
United States Marsh 4. The members OF the
board now at large. but accompanied by
deputy Marshals. 1t Is understood that troops
will be posted at the State House to- IN morr o W.,
when the Legi siature meets to organize.
The Democratic counsel and Democratic State
Executive Committee telegr ,phed this after
noon to Chief Justice Waite, requesting his at
tendance at the United st ties Circuit Court on
Wednesday. when the habeas corpus case Of the
State Board of Canvassers will be heard. Roth
parties are Ia caucus tonight. The city is fall
OF people.
THE PROCEEDINGS IN COURT.
CHARLESTON, Nov. 2-.-The proceedings In
tho United States Circuit Court to-day have
caused considerable excitement and fulnl the
prediction that Judge Bond, despite his dcnials
TO several parties, would interfere and release
the State Board Of Cinvassers from their con-
nnement. This morning early Corbin, the coun-
sci for the board filed "a petition for a writ Of
70 bring the Board OF Canvassers before the
Circuit Court.
forty Ave pages. alleges that the me m oers OF
the board have been condemned for a contempt
OF the supreme Court to imptisonment in jail
Tor the performance OF their duties in canvass
and Vice President OF the United States |;
that they we're performing those duties 10y
authority OF the laws Of South Carolina. bssed
on the Constitution OF the United States; that
there Is no statute to appoint electors, that the
Supreme Court has no jurisdiction IN the mat
ter. that all It's proceedings are null and void,
and that the members OF the noard are there
fore restrained conr ry to the laws and Consti-
tuition Of the United states, ana tHey ask the
Circuit Court to rel eve them.
To the writ shern6 Dent made return that be
held the said members Of the Board OF State
Csnvassers oy authority OF Judgment Of the
Supreme Court 10 relation to the board a
part OF his return, and produced the i'm prisoned
board in court. rhereupnn Mr.. CLARK. counsel
for the Snenr. with Gen. Conner aud Gen. Brad
on the ground that the Crsuit Judge had DO
right, In the first place to issue the writ, us the
Judge Settle Of North Carolina, and Judge
DeuDy of Indiana. who appeared With Corbin
areuments ON the question OF the lrisdiction
of the Court. Whereupon the final heaing OF
the case WAS postponed until Wednesday.
Meantime the prisoners were directed to be
pl osd 10 the custody Of the United States
Marshal. which means that they were set at
When the court met. $50 negroes-those who
made the dollar-and.a,na affdavits az inst the
whites in Aiken and Edgeneld countes--w
present, drawn up In line. motion was made
by the counsel for these white prisoners for
their release on writs Of haueas corpus, or at
least to give them the came chance tnat had
been given to the neL ro b.rs of the Board
OF Canvassers; but Judge Bond refused to do
this, ana sent them all U OK To jail.
In the state Supreme Court United States
Dist,ict Attorney CorDn WAS brought up Tor
contempt He was repr sented by Settle, the
defeated candidate Tor Governor OF North
Carolina aud by judge Denny Of Indiana. After
preliminary argument the case VS. continued
-.ntil to morrow.
II seems pretty well understood that the State
House will De Rarrisonsi T. morrow with United
States troops. II the Demo, rats refuse to at
tend. the lower House cann,t organize. IL re-
quires ~ members To MAKE quorum. Leaving
out Ldeeneld and Laurets. the Democrats have
b and the Republicans 81 members. IL Is inn
possible TO magine how an organlz ition can lie
effected unless Or mt sends his troops and
forces the Democratic members 10 attend and
vote AT the point Of the ba\ onet.