The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1877-01-03
Wednesday, Jan. 8, 1877.
Our New County Oficers.--Wcre they
Legally EIectcdf

Legally Electcdf
It is now asserted by some Of the le-
gal fraternity that there WAS no legal
election for Clerk, Probate Judge, and
sheriff on the seventh of November.
w. w. Sellers, Esq, the Solicitor OF
the fourth circuit contends that there
was u legal election, while Col. Mclver
of Cheraw, is positive that there was
no legal election, and each OF these
gentlemen gave Mr.. S. Ct. Owens,
Clerk of the Court Of Marion county,
their legal opinion in writing. or
this us.tcr the News and Courier
says:
These gentlemen. after 4 careful cxani-
nation OF the law, come 70 Hialnctr!ca!l.E
different conclusions. Mr.. Sellers is 's3.-
istiol that the elections for County oill-
.'cers held on the 9TH Of November were
'.lcuaI and valid Col. Mclvcr is "0i OPP
pinion that there was no lawful authority
'.for holding an election for Clerk Nalld
other county o~lticcrS) ION the 1lh OF "N0-
yrmIrr last We think, however. that
the statement made by Col. McIver, which
i the c~lcarCSt and most c0Tcnt tina. we
have seen, anticipates and Mrctsthc arSu-
melts OF Mr.. Sellers.
T,c of Mr.. Sellers is, thai The
Act of March |, $50, provides by Its TIE,
rs well rs by it's first section, for the ho!I-
ing of all elections throughout the State,
aud for all officers provided for by the
Constitution; such elections 10 DC held OK
The third Wednesday in October, 1870,
u:ll forever thereafter on the same d'y IN
..1 ,,,r 'N,:s AT MA n,nrnn-
ell BY the Act of March ~, 1914, 50 rs t"
..rcau that the next general election III
this State shall be held, pursuant to the
.'oroyisions of the Amendment OF Article
iii. Section = OF the Constitution OF the
estate OF South Caroliua, on tho first
"rucs,av following the first Monday III
November, 1874 and forever thereafter
ION tho first Tuesday following the mrs!
"Nonlay in November III every second
"rsar." II this statement OF facts were
correct, the position taken by Mi. Sellers
would undoubtedly be strong one. hui
as Col. McIvcr shows, there IS no pro-
",ision in"!he Constitution whereby the
I.imc for holding elections Of County olii-
.i,nrs il fixed" The Constitution fixes
only the time for holding the election Of
Senators and Representatives and State
officers. and the amendment to the Coilsii-
tuition. in pursuance of which amend
mcnt the Act OF March II, 1874, was pass
ed, affects the Senators anu representa-
lives and State officers alone, and docs
not touch the election OF County OIL
GERS.
By tho Acts of tho General Assembly
Exclusively eau the proper time for hold
ing the election of County offices DO asccr-
tanned. This time is liked by the Act OF
February IL, 1870, repeated in General
Staintcs, Title II. Chapter Y, Section l.,
page. ST. which declares that this election
shall be held on the third Wednesday OF
October. This Act cannot be said to be
repealed, or %annulled, by tho Act of March
~, 1874, las Mr.. Sellers, contends that 1t
ISL because that Act relates IN express
terms to another Act, the Act Of March l,
1870. incorporated in the General Statutes,
Title II, Chapter s, Sec. l, page ~. The
Act OF March 10, 1874, makes no reference
to the Section of the General Statutes pro-
viding for the election Of County officers.
ON the contrary, it declares the change
to Ire ain pursuance of tho amendment
..to the Constitution, which, by It's worry
!.terms, relates only to the election for
1.Senators and Representatives, ana such
Estate officers as aye required by the Con-
'ts;itutiun to be elected at the same time
4'that elections are held Tor Senators ana
REPRESENTATIVES," This is entirely III
keeping with the construction We have
given of the provisions OF the constitu-
ton and Acls of Assembly relating to
elections.
The question will, of course, DO taken
into Court, and there decided, upon a full
hearing of the argument on both sides.
In the meantime wo shall throw all III"
light we can upon the subject. in order
that the County officers and their constit-
uents may be kept fully informed Of the
progress and results of the discussion.
If our retiring officers, the Sheriff,
Clerk and Probate had seen proper to
do so, they might have held over at
least until the validity Of the election
had been tested, which would have re-
auired all indefinite time to settle.
They have, however, relinquished their
rights to their Offices because they have
vacated and turned yer the property
in their charge to the new incumbents,
We agree with the NtWS and Courier.
md think it possible that there was no
election for these officers. If such q
conclusion should be arrived 1T by the
Courts, the elections for county officers
iD November, 1874, s well as those held
Ill A>pNSIlIocIs 1ofoi WHY vi oiS WV
and if insisted on and enforced would
render null and void every judgment
and decree of every probate judge in
the State for the last two years. Their
term of Office being limited to two
years only, aud not until Il successor is
elected and qualified. Every judy
ment entered and signed by any clerk
of the court elected in November, 1874
land l know the clerk in Horny Coun-
was elected in November, 1874 is null
and void. County treasures through
out the State, and their officials bonds,
would be liable for the amount Of
every draft drawn on them by county
commissioners and paid by them dur
ing the last W years. Rights acquir-
cd under the forms Of law would DO
Invested.