The daily gazette., 1876-11-27
CAROLINA. .
rHE SUPREME COURT ADJUDGEs THE RE-
TURNING BOARD IN CONTEMPT.
Especial pespatoh 10 thsaWorl

Especial Despatch to thsaW orld.l
COLUMBIA, s. c., November 25.-The
Supreme Court this morning held each
of the members of the State Board of
Canvassers to be in contempt of court in
refusing to issue certificates of section to
persons who by the face of the returns
were shown to have been elected men,
bers of the Legislature, and ordered each
to pay fine of 81 800, and to be confined
in the County Jail until discharged by
the order of the Court. The time of the
Court was occupied all day in hearing
argument on the order asked for by the
Democratic counsel, reconvening the
board and compelling them to compare
the vote for Presidential electors as re-
turned by the county commissioners of
| election with the statements of precinct
managers, and to report the result to the
Court
The Democrats claim, in substance,
that the act of the board in adjourning
while under the order of the Court was
null and void, alleging that such action
was n trick to defeat the ends of Justice
and that the Court had power to compel
them to reconvene and perform their
duties in the manner ordered by the
Court. 1t was smaintained, by the counsel
for the board that the act of adjourning
was in compliance with law, and that
the board, having adjourned sine die, was
dead, and no power under heaven could
resurrect it. Some pretty sharp passages
between counsel and Court took place in
one of which Judge Willard said to call
the action of the board trick was to
give it a dignityit did not deserve; it was
worse than trick, it was an outrage
The Supreme Court finally adjourned to
10 o'clock Monday, without announcing
decision in the case as regards the cleo
tors.
The Democratic counsel then asked
the Court to order the Clerk to issue GER
tificates under the seal of the Court to
the members of the Legislature shown by
the face of the returns to have been cleo
ted in Edgefield and Laurens counties.
The Court refused this request, on the
ground that there was no precedent for
such action, at the same time saying that
record of the Court, of which a certified
copy could at any time be procured from
the Clerk, was sufficient credential of
election. In this Court pursued the va
cillating policy that has characterized its
proceedings from the first. The Court
in effect refuses to stamp with its seal a
record Of its own action. The members
of the Board of State Canvassers in con-
tempt were notified by the Sheriffto meet
at his office at o'clock ,and in obedience
met and took up their march to Jail,
where l visited them tonight. None of
| them would indicate the line of policy
they intended to pursue,b but all said they
would never surrender, but "Hold to the
fort" to the end. When District Attor-
ney Corbin was asked if General Ruger
would be here to superintend the organ
ization of the Legislature, he said he
didn't known, but added, Significantly,
somebody will be here with plenty of
power to see justice is done. The point
of danger will be reached next Tuesday
when the Legislature meets. The mem
bers elect from Edgefieid and Laurens
counties are here, and intend to partici-
pate in the organization ON the the ground
held by the Court that the. order to the
DOoiu vi SahNdosClo w lSouC CCiIiuSdlco
to them is in itself a sufficient credential.
The Republican plan to defeat the order
of the Court will be to have the Clerk of
the House refuse in calling the roll to re-
cognize any one as q member who does
not hold certificate from the Secretary
of State. There seems to be no way out
of the deadlock but an appeal to the
Federal power, and the general impress
sion is that troops will be called upon toI
play the Louisiana game. AfeverishI
state of apprehension prevades the COM
munity, and fears of bloodshed are freely
expressed. ." .r
Tle five members of the boa who
were constructively arrested this morning
reported at jail this evening, where they
arc now confined. Their names are j.
l.. Cardoza, treasurer; T. G. Dunn; com
ptrollel.. Gen. VIM. Stone, attorney gen.
eral; II. b. Hayne, Secretary of State
and II. W. Puryis, ex-adjutant and
inspector general comprising the board
of canvassers.