The news and herald. [volume] (Winnsboro, S.C.) 1876-1881, 1877-01-11

Chamberlain and Corbln, and tht
Court, recognizing tho force Of theil
logic, ruled with them. That case
decides as follows The 5th boctior
of tho act to provide for tho election
of officers of tho incorporated citios
and towns of the State, &c, ratified
September 2S, providing that "the
managers of election shall decide
contested cases, silbjec to the ulti-
mate decision Of the Board of Alder
men or Wardens whom organized,
except the election Of u majority of
the persons voted for is contested or
the managers are charged with lilo
gal conduct, in which case tho ro-
turns together with the ballots shall
be examined and the case investigat-
cd by the acting Board Of Alder
men, who shall declare tho election.
and their decision shall be binding
on all parties, does not authorize
the oct;tg Board Of Aldcrn,e,. tn q
case coming properly before it to
aGud0e the election to be alegM and
uoid. Its authority is limited TO an
examination of tho returns together
with the ballots, and declaration of
the results of the election"
III. The election having taken
place the Board Of State Clnvassors
had no warrant in law for hoaring
any protest OF contest, or for pass
ing any opinion upon tho validity of
the election.
The power of the Board of State
Canvassers arc derived entirely
from tho Statute "The Board
shall, upon tho certified copies of the
statements mado by tho Board of
County Canvasscrs, proceed to mako
statement 0f tie achoic nuu.ber of
ootes given at such election for the
various officers, and for each of thom
voted for, distinguishing tho several
counties in which they wore given.
They shall certify such statements
to be correct, and subscribe the
Same with their proper names. They
shall make and subscribe on the
proper statement certificate Of
their determination, and shall de-
liver the same to tho Secretary OIL
State. Upon such statement they
shall thon proceed to determine and
declare what persons have been, by
the greatest atuneber of rotes, duly
elected to such oGicos or either Of
them"
This is their general duty with
regard to all offices-to make IL
st .tement Of ,,the whole number Of
votes given at such election for the
vario Is Offices and each Of them to
subscribe on such statement Ger
tiicate of their determination, and
deliver tho same to the Secretary
Of State. Upon such statement |
they should proceed to determine
and declare what persons have been,
6y the greatest numbcr Of Uotes
duly elected to such Offices. Such
is their duty on tho count, and it il,
manifestly simply ministcrial-to
count the votes and declare who
has received the highest number.
The Act thcn ad Is: "Thcy shall
h I've power, and it is made tier
duty to decide, all cases Of protest
or contest that may arise, ~hcu tie
pote" to do 50 does not, dy the Con-,
reside IN some 0ther b0d9.'
In other words, no power what So
ever is given to them to do any,
thing but to make up, from the
statements Of the County OAnvas-
sors, q statement of the
whole number of votes given at the
election, and from such statement to
determine and DECLARE what persons
ii I'VE boon, by the greatest number
Of votes, duly olcctod-cxccpt in
certain casos Of protest and contost,
which do not, under tho Constitu-
tion, reside in somo other body.
If an election takes place and the
managers count the votes, and the
County Canvassers send up their
statements to tho Board of State
Canvassers, this Board can, under
no circumstances, do but two things:
1st. Nuke up q statement from the
statements of the County Canvas
sers Of tho whole number of votes
given at such election. Cd. And
decide contests and protests in Ger,
tain excepted cases.
The only inquiry left for us,
therefore, is, whether tho power
to decide contests or protests in
tho case Of an election for members
of tho House of Representatives, by
tho Constitution, resides in some
other body than tho Board of State
Canvassers ?
BY m express provision Of tho
Constitution the House is the sole
judge of the qualifications of it's
mcmbors. Tho Board Of State Can
vassers, in determining such a ques-
ton, violated tho Constitution ), and
in determining any question as to
the validity Of tho election not only
violated the Constitution, but as
sumod power not conferred upon
it by nIthe Acts Of Assembly.
We havo thus demonstrated that
the action of tho Bourd Of State
Canvassers, upon which alone rests
tho legality of the Mackoy House, is
illegal and void But it is said that