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

| cNcag way SpptfG IN tUc CONSTITUTION only
70 the election OF usembers Of the Gen
erai Asse-bly, but here the Legislaturs
applies It to the election Of county OIL
Gers, and it seams 20 hare been used in
differently by that body 40 descriptive Of
either State or county elections, If held
in the several counties at the same time.
section of an acs entitled "Of County
Sheriff.. Chapter 20. PAGE l57 Of the
Revised Statutes, aud also In the lst sec
tion Of an act entitled "Of County Coro.
nsr." Chapter 81, page ITO, Revised
On the let March, 1870, the General
Assembly passed another act entitled. as
repnblished in the Revised Statutee.
Title 2, Chapter 8, page 20, 'Of the man
ner of conducting elections and returning
votes." The frst section Of that act pro-
yides that the general elections In this
Etats shall be held pursuant to tie consf;-
tuition Mereof on the third Wednesday in
October, 1870, and forever thereafter on
the aame day in every second year, aud
shall be regulated and conducted accord
Ing TO rules, principles and provisions
herein prescribed.' II has been adjudged
that tho proviaions Of this net In the first
and other eections are inconsistent with
the oct Of the lAth February, and If not
operating as repeal of the former either
directly or by implication, at least iurn-
isles presumption that the Legislature
intended TO include the election of all
officers, State and county, aud hence COW
ering the election Of Clerk Of the Ccart.
It will be seen that this net was passed
by the same Assembly ct the came session
and only fourteen days after tho act o.
the l4th Of February, and whilst 1t was
designed in ito several provisions follow
ing the frat section to direct the manner
pf holding and declaring all elections, il
in no way conflicts In its frat section or
elsewhere with the terms OF the act Of
the 18th February fixing the time for
holding elections for the principal county
officers. 1t does, indeed, in the frst SEC
tion prescribe the time for holding the
general elections, (which 10, perhaps,ssnot
inappropriate, considering the number of
State officers to bo voted for but in pur-
suance to the constitution and the cleo
tion for Senators and Representatives Is
that that is termed general Ia the consti-
tuition, and the only one it attempts to
FIX the time for holding. The net Of the
l4th of February, 1870, was intended to
supply an omission in the constitution by
fixing 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
eral election--that is, the election for
to arrange the machinery for conducting
and declaring all elections. These ata,
tutes are, therefore, designed to aid in
carrying ont the scheme Of the conBtitu-
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 6rSt section of the act OF the 1st Of
March, 1870, it has been repealed by the
oct of the 18th Of March, 1874, Is Sta.
tutes, 7S8, leaving the balance of that
statrte, and the act of the 14th of Feb
tuary, 1870, except rs to County Com
inissioners, OF fan force "a 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 tn think, is in
accord with the intention of the framers
Of the constitution and of the members
Of the General Assembly who passed the
acts referred to. The Office OF Senators
and Representatives, rs also of the MEM
bew of the Executive department and Of
most the State officers who are directed
by the constitution TO be elected ut the
Dame time, are political in their charac-
ter, and it ia entirely proper, not only
that they should be elected together, bat
that for the convenience of the electors
and the good order of society the election
should be held on the same day upon
which member0 Of Congress and Presi.
Dental Electors are chosen. Not SO,
however, with the county Offices. Most
of these ore judicial in'their character and
the incumbenfs should be chosen eKclu-
sively on account of their peculiar quail
| fications and character. Indeed, the pub
lie interest demands that their selection
:,hould be entirely unconnec.sd with the
excitements and contentious Of poiiti-
cal election, and it wonld be vastly better
for the general veal if six months instead
Of three weeks could intervene between
the day Of their appointment and the
| the day OF the political election they arc
driven to become partiaana, and the idea
OF partisan Judge of Probate, pc. fsdn
Clerk of Court or partisdn County
| Commissioner is abhorFent to q decent
regard for public Justice, and 20 require
| an aspsrant for any of these ofices 20 go
upon the hustinge and engage In parti.
san scramble il to unfit him for an impair.
tial discharge Of tho important tfiats7to
be confided TO him. aIn, therefore, in
duced 70 believe that considerations like
these led to tho fixing of the election of
| those important officers on different day
than that upon which the general eiec-
tions are held. However that may be, II
is my business to declare the law az find
il, and 10 my tniud the construction
have given to the matter in controversy
10 SO ciear tnat 90 not perceive now
there can be two opinions upon the sub.
lject. 7pifFo ngl
| fis therefore adyadged, That the elec.
ton held for ClerE of the Court Of Com
mon Pleas for Charleston County on the
| 7th of November last WAS without war
rant Of law, and that the defendant, John
H. Ostendor6f. acquired NO legal title to
the Office thereby.
And it,isy yfi,Tthei adiudged, That Jacob
requised TO exercise the dutieS Of the
office until q successor shall have been
lawfully appointed. --''-
January 9, 1877. j. P. REED. :
The Court room was crowded with the
members OF the bar ana eager epectators
who had assembled, MANY of them from
cheer curiosity, to hear the termination
tof the caee and TO learn who was Clerk
/ During the reading of the opinion HtFicl
Il order and silence were maintained, end
II at the announcement Of Court's judgment