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

Title 2, Chapter 8, page %, "Of the man
ner of conducting elections and returning
votes" The first section of that act pro-
yides "that the general elections in tnls
State shall be held pursuant to the eoas!s,
tution thereof, on the third Wednesday in
October, 1870, and forever thereafter on
the same day in every second year, and
shall be regulated and conducted accord
ing to rules, principles and provisions
herein prescribed" fthas been adjudged
that the provisions Of this act in the first
and other sections are inconsistent with
the act of the 14th February, and If not
operating as repeal of the former either
directly or BY implication, at least furn-
ishes presumption that the Legislature
intended to include the election OF all
officers, State and county, and hence COW
ering the election Of Clerk of the Court.
It will be seen that this act vas passed
BY the same Assembly at the same session
and only fourteen days after the act OF
the 18th of February, and whilst it was
designed in its several provisions follow
ing the first section to direct the manner
of holding and declaring all elections, it
in no way conflicts in its first section or
elsewhere with the terms of the act OF
the 18th February fixing the time for
holding elections for the principal county
officers. It does, indeed, in the first Sec
tion prescribe the time forl holding the
general elections, (which is, perhaps mot
inappropriate, considering the number of
State officers to be voted for but in pur-
suance to the constitution and the cleo
tion for Senators and Representatives is
that that is termed general in the consti-
tuition, and the only one it attempts to
FIX the time for holding. The act Of the
i4th Of February, 1870, was intended to
supply an omission in the constitution by
fixing a time for holding elections for the
principal county officers thereby created,
whilst that of the 1st of March, 1870, was
to enforce the mandste of the constitution
prescribing the time for holding the gen.
eral election--that is, the election for
members of the General Assembly, and
to arrange the machinery for conducting
and declaring all elections. These sta
tutes are, therefore, designed to aid in
carrying out the scheme Of the constitu-
ton, and are in no way inconsistent with
each other. But even if there was sub
stance in the argument as to the effect OF
the first section of the act of the LIST of
March, 1870, it has been repealed by the
act of the 18th Of March, 1874, Is Sta.
tutes, 1888, leaving the balance of that
statute, and the act Of the 14th Of Feb
ruary, 1870, except as to County Com
missione-s, of fun force rs the law of the
land, and the only Law directing and au-
thorizing the election Of Clerk of the
Court.
This view, I am inclined to think, is in
accord with the intention Of the trainers
of the constitution and of the members
of the General Assembly who passed the
acts referred to. The Office of Senators
and Representatives, as also of the mem.
bers of the Executive department and OF
most of the State officers who are directed
by the constitution to be elected at the
same time, are political in their charac-
ter, and it is entirely proper, not only
that they should be elected together, but
that for the convenience of the electors
and the good order of society the election
should be held on the same day upon
which members of Congress and Presi.
Dental Electors are chosen. Not so,
however. with the county Offices. Most
of these are judicial in their character and
the incumbents should be chosen cxclu-
siveiy on account of their peculiar quail
fcations and character. Indeed, the pub
lie interest demands that their selection
should be entirely unconnected with the
excitements and contentious of politi-
cal election, and it would be vastly better
for the general veal if six months instead
of three weeks could intervene between
the day of their appointment and the
general election. For being chosen on
the day of the political election they are
driven to become partisans, and the idea
OF partisan Judge of Probate, a partisan
Clerk of Court or partisan County
Commissioner is abhorrent to decent
regard for public justice, and to require
an sspirant for any of these Offices to go
upon the hustings and engage in = parti-
san scramble is to unfit him for an Impair
tial discharge of the important trusts to
be confided to him. am, therefore, In
duced to believe that considerations like
these led to the fixing of the election OF
these important officers on a different day
than that upon which the general cleo
tions are held. However that may be, it
is my business to declare the law as / find
it, and to my mind the construction !
have given to the matter in controversy
is so clear that do not perceive how
there can be two opinions upon the sub
ject.
Nn therefore adjudged, That the elec-
ton held for Clerk of the Court of Com
mon Pleas for Charleston County on the
9TH of November last Was without war
rant of law, and that the defendant, John
H. C,tendorff, acquired no legal title to
the Office thereby.
.And tits furthea adjudged, That Jacob
whitman, thesplaintif, ,sholds over under
the constitutions 9 and is ;autheHzed and
required to exercise the duties Of the
office until successor shall have been
lawfully appointed.
January 9, 1877. J. +. REED.
The Court room was crowded with the
members of the bar and eager spectators
who had assembled, many Of them from
sheer curiosity, to hear the Termination
of the case and 10 learn who was Clerk
During the reading of the opinion stric
order and silence were maintained, and
at the announcement of Courts judgment
the counsel for Ostendorff gave notice o.
an immediate appeal to the supreme
Court. Os.endorff hung around tn!
Court room Tor awhile and then retired
Edward w. Lee, Mr.. Williman's deputy
who has been holding the fort with hiu
since the late election and has determined
to sink or swim with him, came triumph
antly forward, and quietly proceeded Il
assist Mr.. Winkler in the duties of tn
Office.
Later in the day Col. Simonton sub
mitted the following writ Of custer, which
the Judge signed:
! The State of South Carolina, Chdrtesto'