The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1876-11-29
The Supreme Court.
INTERESTING PROCEEDINGS.

INTERESTING PROCEEDINGS:
Cardozo, Purvis and Hayne in
Jail..The Court after Corbin.
COLUMBIA. S. c., Novenber24.
The Court called upon counsel for
respondents this afternoon for their
answer to the rule show cause why
they should not be committed for coll
tempt.
Mr.. Corbin read the return of MI.
Hayne, Secretary of State, and Chair
man of the Board Of State Canvass
ers. Mr.. Corbin also read al affidavit
in return to the rule for contempt, in
which it was Stated that they were
not served with q copy Of the order OF
mandamus until after it had adjourned
sine die, and had not received q copy OF
any suggestions upon which the rule
for contempt was issued. The defend
ants also state that they have endeav-
ored to follow out the provisions of the
statute regulating them in the dis
charge Of their duties.
Mr.. Corbin informed the Court the
aforesaid gentlemen have no counsel
and no copy of the suggestions of the
complaint had been served upon them
to-day at ! P. NJ, and they have not
had time to make q full return.
General Conner addressed the Court
on the question Of the contempt in
which he denounced the Board for It's
aparent contempt, and opposed the de-
lay prayed for. -.
mir. Corbin said it was the misfor-
tune of his side to be misunderstood.
The gentlemen of the Bolrd have
stated that i'm their affidavit they
would make u full return if time were
granted. Only two hours and a half
were granted all the executive officers
in the State, except the Governor, to
show cause why an order should not
issue against them. It was monstrous
10 ask them to show cause in u few
hour why they should not be punished
for work that took them len days. II
time he given the other side would be
shown that no contempt of the Cour'
was intended or contemplated. Mr.
Corbin characterized the rule as a
quasi criminal proceeding and they
should have a little time.
The Chief Justice said il the mem
bers of the Board of CanvasSers were
sent to Jail and refused to purge them
selves of the cause of the contempt
his knowledge and recollection OF
mandamus cases was that If the par.
ties in contempt refused to perform the
mandate ordered by the Court, the
court could order it executed by the
officer Of the Court.
Before being willing to grant any
more time, Justice Willard was desir
Gus of hearing from counsel for re-
spordents some frank statement of the
return, of the nature Of the substan
lial defense that would be made.
Mr.. Corbin said if the Court was dis
posed to send these men to Jail it could
do 50, neither he nor they could make
a return in the timegiven them.
Mr.. Noise addressed the Court, op'
posing the application for time.
The Chief Justice pronounced thu
Judgment of the Court, which was
that no further time be granted.
Mr.. Noise submitted an order in
the case of William Stone, the Attor
ney-General, (similar orders were
made out in the case of the other mem
bers of the Board and Mr.. Corbin.
It was in effect that each be confined
in thejaiI of Richmond County until
puryed of the contempt of which he
stands committed.
Mr.. Youmans addressed himself to
the next branch of the case. viz
The mandamus directed Immediately
to the Secretary of State to issue tho
commissions to the members Of the
Senate and House of Representatives
who have received the highest mum.
Der of votes for these offices.
The Chief Justice informed Mr.,
Youmans that Mr.. Hayne had issued
certificates to all the members elect
except those from Laurens and Edge
field Counties, and he, Mr.. fpumans.
should confine himself to these Coun'
ties in his discussion:
Mr.. Corbin closed the argument fol
the respondents OF this point. lie
said it was clearly q question Of statute
law, Invested of all eXtrinsic circum-
stances. The duty of the Secretary OF
State was to perform a certain specific
act laid down in the statutes and pun.
ish him If he does not. He read from
the statutes the duty Of the Secretary.
The Court asked for a statement, and
it was produced, and according to the
statute had no right to call for u deter
mination of the Board, the law requir,
ing copies of the determination to be
sent to the candidate, the Governor,
and one for the newspapers.
Mr.. Rion closed the case.
Justice Willard here nade q speech
which electrified the Democrats.
The order in the mandamus case
against II. E. Hayne vas then laid
over until Saturday morning. So also
was the orders in the contempt case,
that the causes of the several orders
should be recitetl. The Court then, at
z. NJ, adjourr.d.
YESTERDAYS PROCEEDINGS.
1t being generally known that the
gentlemen comprising the Board of
State Can vassers would be punished
for contempt this morning, as lnuica-
ted by the proceedings in this Court
on Friday, every foot OF standing
room WAS occupied yesterday five min
utes after the doors were thrown open.
The Democratic lawyers were in full
force, heavy laden with orders and
motions. The Courthad adjourned to
meet at 1880 o'clock but it was II 80
before the Judges took t~lleirseats. Tho
Chief Justice asked if the respondents
were in Court? The Sheriff answered
''they were not"
General Conner passed upthe amend
ed orders in the contempt case. While
the Court IA inspecting them, MIR.
COrbin and the other counsel for the
respondents entered and took their
seats.
The Chief Justice said that, 1t not
appearing TO the Court that the writ of
mandamus is to be obeyed, after wait
ing till this moment for some intima-
ton to that effect it will proceed to pro-
nounce its judgment.
The following is the order in the case
of Comptruller-Geneaa #. G. Dunn,
the others being similar:
ORDER.
It is now ordered that T. G. Dunn
Is in contempt of this Court, and it is
ordered that he do pay a fine Of 81 800,
and that the Sheriff of Richland
County do take him, the said Il. C..
Dunn, into custody and colfne him
in the common jail of said county un-
til he is discharged by order of this
.
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