The New York herald., 1876-11-17
SOUTH CAROLINA

CONCLUSION or THE ARGUMENT BEFORE THE So
PRHME COURT ON THE MANDAMUs AND PRO-
HBIrIoN OF THE BOARD OF cANvAssERs.
lBY TELEGRAPH TO THE HERALD
COLUMBIA, Nov. l6, 1875
Tho Supreme Court room dcnsely packed this
morning by crowd Of negroes to hear the argument
in the case Of the Democratic Candidates Tie Re
turning Board.
Judge Moses and Associate Justices Willard and
Wright the Bench. The array OF counsel was
imposing ana among The visitors were Justice Carter
OF tho District Of Columbia; Senators Randolph and
Gordon. NJ. Montgomery Blair, A. II. Il Stuart;
Smith Ely, OF New York, and others
The for mandamus and prohibition have been
brought TO test the power OF the Board majority OF
whom candidates Tor recollection, to exercise the
functions In their cases. In II II sought
TO prohibit the Board from exercising any judicial
powers the hearing Of contests and protests and
conGne them TO the ministerial duty OF asccrtaining
the result OF the election appears upon the face
OF the retuYnR In tho other m andamus 10 prayed
for compel the Board perform its ministerial du-
The grounds upon which the reiioi claimed
First-That as TO the election of electors for Pres
dent Vice President, members OF Congress-, members
OF the Legislature, ana tho election OF Governor,
lieutenant Governor the Board Of Canvassers has no
powell under the statute, TO hear any protest
test and bound 10 declare the result according TO
the returns.
powers upon the Board TO other State and county
officers such powers cannot be lawfully exercised be.
majority Of the Board are candidates and would
become judges In their own cases.
Third-That the act conferring judicial powers on
cause she members OF tho Board ali belong 10 The OK.
ecutivc branch oil tho government aud the constitu-
ton declares that person. or persons exercising the
functions OF department, shall assume or discharge
the functions or any other.
Tho OF the respondents admits the matters Of
fact stated and seeks Issue only upon questions Of law
The the part Of tho reators
by Mr.. James Connor democratic candidate for Attor
ney General, and Mr. Y. p. Youmans and associate
counsel tho part of the Board of State Canvas
by Mr. r. b. Elliott colored. republican candidate
for Attorney General and Ar. D. T. Corbin, United
States District Attorney
Tho entire day taken up with argument An
order was asked for by counsel the Court TO allow
the Board proceed with OF the returns
IN ministerial way, simply TO aggregate them In
order to time But the order obviously
worded that objection raised BY counsel for the
ators Al the suggestion Of the Court this order
amended so as to read .'shall' proceed 10 can
vass the returns ministerially instead OF may
as in tho original, and defining tho duties
of the Board in such q manner to prevent mscon-
sructon This defeated the object Of the counsel for
Board, and create tho impression that the Court
was responsible for the delay canvassing the re
SO nagrant particularly In tine matter Of tho csnd-
dates sitting judges their cases. that Il Is tho
general impression the Court avoid granting
the relief sought and restricting the Board to
ministerial canvass OF the so far a.
tho views OF the Court be gathered from the col
oqules between the justices and counsel this opinion
would seem to be justified. Argument was concluded
at eight p NJ and tho Court adjourned, reserving its
decision until tomorrow Pending tho discussion as
to their powers in the Supreme Court the Board OF
Canvassers will have to confne themselves to bare
aggregation Of tho returns sent In. The Board viii
meet tomorrow at ten A.
THE ELECTION RETURNS INAccEssIBLH-sTIIL
IN CUSTODY OF THE SECRETARY OF STATE.
CHARLESTON, Nov. 16, 1870
have been unable 10 obtain any further Official
returns concerning the election in this State The
legal proceedings against the state still
pending and In the meantime the Secretary oil State
diligently guards the returna Application at the
democratic headquarters has bcen equally unsuccess.
fuL The two parties to be engaged in magnin-
cent gamc silence which will doubtless remain un-
broken until the DO duties OF tho Board arc de-
cided and begins Outside Information Is un-
Trustworthy. The widest aAoal While the
election OF Hampton y conceded by every except
Governor amberlan the State ticket Is claimed by
both parties by msjortles ranging less than 100
Three counties have not yet reported. One OF these
Georgetown--is In remote portion OF tho state In
Kershaw, owing to an ambiguity IN the Law, this
county board met Tuesday and has mot
forwarded roturna Tho fugaclous election mes
sengcr and defeated republican candidate from
I.nurcns turned up with tho returns although
three United States marshals and detective two
have been diligently in search Of him. and q certified
copy has been sent for, and will be received II the
original is not found Until all tho returns are in 10
useless TO make estimates, but the probability Is that
the democrats have elected Simpson Lisutsnans
Governor and Conner Attorney General, whe the
republicans probably elect the balance OF the ticket
Latest returns do not change tho complexion Of tho
Legislature in which the democrats have majority
on JOINT ballot
Tne electoral vote 10 still disputed The republicans
claim 1000 majority Tor Hayes. The democrats ssill
pertnaciousy insist that Tidsn has secured .: least
two electors owing to tho scratching OF two candidates
the republican electoral ticket Az both parties
all 10 the returns this may not be unlikely
in which event Mr.. Tildsn will capture hs much de-
| sired majority.