The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1877-01-18

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ELECTION or COUNTY OFFICERS.
A DECISION OF THE QUESTION wHErHER
THERE WAS A LAWFUL ELECTION OF
COUNTY OFFICERS IN NOVEMBER
AN APPEAL TO THE SUPREME COURT.
Before Judge Reed, in the Court of
General Sessions for Charleston County,
an agreement was made in the case OF
Jacob whitman rs. John II. Ostendorf,
whowefe Contestants for the Clerk Of the
Court in said County, to have q contro-
yersy without action, or a friendly suit to
determine which of the contestants was
entitled to the Office. The question In
difference submitted to the Court was
whether, under the Constitution and laws
of the State Of South Carolina, Mr.. VIII
liman, as holding the Office till his success
sor. should be elected and qualified, is
such clerk, or whether Mr.. Ostendorf is
such successor and entitled to the office
by, reason of the votes cast .forJ him On,
the 7th November, 1876, and, the subse-
quent declaration. of the board of State
It wastagfeed that Mr. Ostendo.ff had
been commissioned, and had taken the
oath of Office and given the bond as re-
quired BY Law, and is in all respects duly
qualified to perform the duties of said
Office, provided that the 9TH day of No
vember was the proper day for holding
the election for said Office.
The case was elaborately argued on
both sides, and. Judge Reed announced,
hisSdecision and opinion in thes case as
follows: = "a
In Re. Jacob Wizziman and John q. o.
tc,sdoEf. "a be CzerS Of Coust.-Contro-
ve,.y Wsthout Actson.
To determine the question submitted
to the Court in the case made, 1T Is neces--
sary to recur to and state the principal
constitutional and legislative provisions
in regard to the election of State and.
county officers. -
It's provided by Section II, Article 2
of the Constitution, reading it as amen
ded in 1928, that "the first election for
Senators and Representatives
shall be held on the 14th, 10th and 10Th
days of April of the present year, (l86S)
and the second election shall be held on
the third Wednesday in October, 1870,
and forever thereafter on the first Tues
day following the FIRST Monday in No
vember in every second year" So that
the 7th November last was unquestiona-
bly, the day fixed by the constitution for
the election of members of the General
Assembly.
In Article 8, Section and 5, it is pro-
yided that the Governor and Lieutenant
Governor "shall be elected at the first
general election held under the .constitu-
ton for members Of the General Assem-
bly,, and at each general election there
after" The term general election is ap-
piled by the constitution to the election
Of Senators and Representatives, and
would seem to be fixed thereby.
In section % of the same article it ls
providedzthat the-e shall be elected BY
the qualified voters of the State Comp
troller General, a Treasurer and Secre-s
tary of State, who shall hold their respec-
tive Offices for the term of four years.
but no time is fixed for the election.
Section 19 Of Article 4 provides that
three persons shall be elected by the
qualified voters of each county for the
term of two years, who shall constitute
board of County Commissioners, but no
time is prescribed for their election:
Section 20 provides for the election OF
Probate Judge for each county for the
term of two years, but is silent as to the
time OF, election.
Section q provides that 'there shall
be elected in each county = n one
Clerk of the Court who shall
hold his Office for four gears, and until
his successor shall be elected and quali-
fed" but fixes no time for his election.
Section % provides that ian Attorney
General for the State shall be elected by
the qualified electors for the term OF four
years" fixing, however, no time for the
election.
Section 80 provides for the election Of
a Sheriff and Coroner for each county,
fo, the term of four years each, but is
silent as to the time of their election. I
Section l, Article 10, provides for q
Superintendent of Education, who shall
be elected at the same time that the State
officers are elected.
Section 3, Article 13, provides for the
election of an Adjntant and Inspector
General at the same time that the State
officers are elected, and
Section 10, Article IA, directs the time
when all State officers shall be elected, to
wit: at the general election Of Senators
and Representatives, which is, as has
been shown, con the first Tuesday follow
ing the first Monday in November of
every second year." as to those officers
whose term is for two years, and in every
fourth year as to those whose terms are
for four years.
The constitution is, therefore, entirely
silent as;to the time when county officers
shall be elected, and has been so regarded
and treated by the Convention that
framed it, and by the General Assem-
bly,.
This, as to the constitution, is demon
strated by. an ordinance ratified on the
7th of March, 1868, to be found in the
Revised Statutes Immediately following
the constitution and as to the General
Assembly, by the legislation that has
been had on the subject. By the ordi-
nance referred to, an election was ordered
to be held for the ratification of the con-
stitution and the election of State officers
on the l4th, 18th au,l 10th days of April
of the same year, and board Of COM
missioners, appointed by the same ordi-
nance, were authorized aud required to
order an election for all couY,tu officers. to
be held within thirty days after the rati
fcation of the constitution. The first
election for county officers was provided
for, therefore, BY the convention that
framed the constitution, and was held in
pursuance of the ordinance in May, 1868,
leaving it to the General Assembly to
provide for All future elections.
This they proceeded to do, and the
first. act on the subject to which my at
tantion has been called is that of the 18th