The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1877-01-25
WAS THERE AN ELECTION 2

tt"p s--it--.ty "a ltsc e!ecttpn OF county
officers: held on the 7th day o. November
sast, has occasioned q great deal of in
itres. iD the difeyens counties, on the
part OF the candidates receiving major
ity of the votes cast as well as by the
people. II is known that the Bar Of the
State, as wei! as the Circuit Judges, are
divided in opinion ON the subject. There
is no doubt that the ambiguity in the
Statutes arises from the incompetency of
the Legislature for the last eight years to
collate the Statutes bearing OH the same
subject and to express their intention in
a clear and intellible manner. To solve
this question, then, it is necessary to lay
down some Of the well-cstabished rules
IN the construction Of Statutes, and 70
apply them to the Statutory law of The
State elections. SO far NJ the validity of
the late elections are concerned. four
rules Of construction are all that are
necessary: First, That Statutes on the
same subject, even though there be no
reference by the latter Statute to the
former, are 10 be taken together, and
construed in pari mdteria See State vs.
Fields, 2 Bail. Rep. 43O Second, That
the intontion Of the makers of Statute
ought TO be regarded in it's construction.
Whenever this can be discovered, it is TO
be followed with reason and discretion in
the construction of the Statute, although
such construction seems contrary to the
letter of the Statue ii Mod, 16l;
Johns. los. thing which is within the
intention Of the makers Of Il Statute. is
as much within the Statute as if it were
within the letter. Plow. 36G. 10 Rcp..
lOl. Third, That the title Of an net, as
well as the preamble, may be resortcd to,
to ascertain the intention. State VIZ.
Stephenson, 2 Bail, 3S4. State w. Fields,
Ibid. 554. Fourth, That the construc-
ton given to an act Of the Legislative
soon after its passage, cannot be altered
at very distant period. Dali, l36.
There is but one restraint to the will of
the Legislature, and that is the Constitu-
tion. If then we can ascertain the will
of the Legislature az expressed in the
Statutes, and that will il not in contra
vention of any constitutional restraint, ii
is the idw.
, The Constitution of 1868, Art. 2nd Sec.
II, requires the election of Senators and
Representatives. TO be held on the ..,ird
, Wednesday in October eighteen hundred
and seventy; and forever thereafter on
the same day in every second year. Art.
Sd Secs. and 5 provides for the election
of Governor and Lieutenant Governor,
and declares that they shall he elected at
the first general election held under this
: Constitution for members of the General
f Assembly, and Mt each general election
thereafter The Constitution, therefore,
, clearly determines the genera! election
; to be the one Mt which Senators and
members of the Legislature are chosen.
0 Art. IA, Sec. 10, requires all State officers
to be elected Mt the time OF the election
of members Of the General Assembly.
Art. 4, Secs. Is, 90, 81, 90, 80, require
3 the election of Probate Judges, Clerks oil
Courts, Solicitors, Sheriffs and Coroners,
but specifies no time of their election,
n leaving the time to be determined by the
r Legislature. The Constitution clearly
fixes the time for tho general election
and TINT of State officers, and leaves the
time for the election Of members to Con-
r grcss and county officers subject to legis-
lative enactment. The Convention by ar
ordinance passed 7th day of March, 1868,
provided for the election of members of
! the Legislature, State officers, and men,
; hers to Congress for the uncxpired term,
, to be held on the l4th, 18th anJ, 10th
, days of April, 1868, and for the election
, OF county and municipal officers, within
, thirty days after the ratification of the
Constitution. This latter election took
, place i: The s::":;ae- c: 1858. The frs:
Legislature, under the new Constitution,
, met in the month of July, 1868, and on
the 26th do of September following
, passed the first Act relative to election,
entitled IAN Ac. providing for the next
!, general elections and the manner of con-
ducting the same." Acts of 1868, No. SO.
; This Act provided that "The next gen
eral election in the State sacnld oc Lei!
on tho frat Tuesday after the h-st Mon
day of November next"-Sec. lst. Sec.
18th provided that there should be one
general ticket, on which should be the
names of the persons voted for rs Repre-
sentatives in Congress, and State, Circuit
and County officers and on another
general ticket the names Of the persons
voted for as Electors of President and
J Vice President, and Sec. l4th required
the Commissioners Of elections to provide
two boxes for each election precinct, and
that such hoxes should be labeled ma fol-
lows: /. Electors. 2. Congress, Circuit
and County officers. The Constitution.
ality of this Act as it relates to State Off
, GERS, and the strict propriety of denomi.
mating ali election :.I-0;s; which was ex-
cluded the election of members of the
General Assembly, will not effect the
clear intention of the Legislature, that
, the election of County officers should be
at the same time that Representatives in
Congress, State aud Circuit officers were
elected, and that these should be elected