The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1877-01-25

regarded as great burthen upon the
people of the State, and the Legislature
foreseeing this, and having no power to
change the Federal law, fixing the time
for the election of Presidential Electors,
but having the right to propose to the
electors of the State an amendment to
the State Constitution, did by Joint Reso-
luton, approved March 9, 1872, propose
an amendment to the Constitution, max
ing the general election take place at the
same time as that of Eelectors for Presi-
dent and Vice President, to wit: on the
first Tuesday after the first Monday in
November. So that in every fourth year
there should be only one election instead
of two. The reason and the only reason as
signed in the Preamble and to the Joint
Resolution is that "The people Of this
State are, by the two elections following
so closely upon each other, greatly an
noyed and inconvenienced, and the ill.,
dustrial interests of the State greatly dis
turbed and imperilled." This proposed
amendment was adopted by an over
whelming majority of the people at the
next election, and the Legislature by the
Act of March 10Th, 1874, enacted that
'The next general election in this State
shall lie held pursuant to the provisions
of amendment to Article 2, Section II I,
of the Constitution of the State of South
Carolina, on the first Tuesday following
the first Monday in November, 1874;
and forever thereafter at the same time
in every second year."
The question now is, what is included
in the term general election This
must be decided by the Constitution and
Statutes. The Constitution requires
members of the Legislature and State
officers to be elected at this election; it
does not prohibit the election of other
elective officers at the same time, but
leaves it to the Legislature in its wisdom
to do so or not. Has the Legislature di-
rected the election of county officers to
be had at the general election? The
acts of 1868, 1870 and 1872 require the
election of county officers at this election.
The requirement is in the spirit and the
letter of all the acts in reference to the
general election. The elections of 1870
'72-74'76 were had upon this interpre-
tation, and not dissenting opinion was
expressed until after the election of 1876.
So much of the act of 1870 as conficted
with the election of county officers at the
general election, is repealed by the act Of
March II, 1872, which provided for the
election of county officers at the general
election, and repealed all acts inconsis-
tent with it. This construction Of the
acts relating to the election of county
officers must have been in accordance
with the intention of the Legislature as
expressed in the Statutes, or it would not
have been received and acted upon for
six years by all the departments of gov
ernment and the whole people. The
intention of the Legislature that there
should be but one election in any one
year for Federal, State, Circuit and
county officers is clear from the pream-
BILE to the joint resolution to amend the
Constitution, quoted above, and if that
intention is clear, such reasonable con-
struction must be given the various acts
construed together as will carry it into
effect. A construction of the acts which
makes two elections coming close upon
each other everytwoy years, instead ofevery
fourth year, increases the very burthens
which the Legislature without question
intended to remove, cannot be in accord
ance with the intention of the Legisla-
ture, clearly and Enthusiastically expressed
in plain language, and therefore cannot
be law. Again, if the clearly expressed
will of t.e Legislature is that there shall
be only one general election in every two
years, any construction of the acts which
makes two is peryersion Of that will
and cannot have the force of law. From
these premises for the construction of
Statutes, applied to the Statutory provis-
ions for the election of county officers, it
seems that they should be elected at the
general election, held on the first Tues
day after the first Monday in November
every two years, aud that the election
for county officers, held on the 7th day
of November last, was in accordance
with the requirement of the Statutes of
the State.
J. S. NJ.