The news and herald. [volume] (Winnsboro, S.C.) 1876-1881, 1876-11-16
Governor and Legislature.

Lh'tt /" ilo ttottbG HOW GllNG W ace
Hampton and the whole Of the can
didatcs on the Democratic State
ticket arc elected by handsome
majority, and that the Democrats
have majority in the General AS
scmbly on joint ballot. The next
question is. Whether the State
CanvassinS Board has any power, or
what power, to deprive the
Democracy OF the fruits of Their
victory.
Article II, Section II, OF the Con
stltutlon of South Carolina, declares
''E"ch house shall jud3c of thc
,<rcfi"" rc'"r"% and qualifications OF
its own mcmbcls.'
Article TIT. Section 4. declares:
"1h" returns If crery rfcrtion Of
G"rcrn"r shall be sealed up by the
Managers Of Election in their re-
spcctivc Counties, and transmitted
by mail to the sea; ofgovcrnmcnt, di.
rcctcd t. the Secretary Of State,
who shall deliver them to the
81 c ,kcr Of the House cf Represents.
t.ves ut the next ensuing session Of
the General Assembly, and u dupli-
cate OF said returns shall be filed
with the Clerks Of tho Courts of
sid Counties, whose duty it shal!
'bc u forward to the Secretary of
State = certified copy thereof, upon
being IL, tificd that the RETURNS pre-
viously fol 'ardcd by mail have not
been receives Mt his Office 1t shall
be the duty u the Secretary Of
State, after the expiration of seven
days from the day uron which the
votes have been counts I, if the re
turns thereof from any co 1nty have
not been received, to ctiiy the
Clerk Of the Court Of said + ,unty,
and order copy Of tie returns .'lcd
IN his otiico to be fol wAr,lch fort v
with. The See. etnry of Stat, shall
deliver the returns to the Speaker OF
thc House of Representatives at the
next ensuing session of the General
Assembly; and during the first
week OF the session, or us soon as
the General assembly shall have
organized by the election Of the
presiding officers ofthc two Houses,
the Speaker shall open and publish
them i'll the presence of both
Houses. The person having the
highest number of votes shall be
Governor; but if two or more shall
be equal and highest in votes, the
Gcnornl Assembly shall, during the
same session, in the House Of Rep
rcscntatlves, choose ono Of them
Governor, rirn rocc. Contested
elections for GorEMor shuU bc
determined hy the GcncrW .lS$c,u-
h(Y N $"ch manner as $haN dc pre-
Scribcdhy M".'
Article VIII. Section 10. declares :.
"1n all elections held by the people,
under this Constitution, the person
or persons who shall receive the
highest number of votes shall be
declared elected"
Chapter VIII, Section 2S, Revised
Statutes, provides: "1Hut IN cusc
e." contest Gt'Mc Hccti"n oI' Gor-
r"or. Gf the General Assembly. by
concurrent resolution, shall enter
tain iho snmc.) tie Scnutc and
Hon&" 4t' Representatives. $huN,
each separately. y""rrcd to hco' and
0"fe'W'i"e the .tifrts in the ease. SO
far as they deem necessary, uud
dcci0r thcrFon who, according to
the tenth Section Of Article VIII, of
the Constitution, is declared to
be elected. If the two branches of
the General Assembly come to the
same decision, they shall, by con
current resolution, doclarc who is
duly elected, and entitled to enter
upon and exercise the Office of
Governor; and such person there,
upon shall, upon taking the oath
prescribed in tho Constitution, be
lnductcd into Office. If tho two
branches of the General Assembly
do not come to the same decision.
thon goneral election shall be
called by the Governor" (Article
LII, Section 2, of tho Constitution.
provides that n qualiicI Governor
shall hold his office for two years.