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

rcgMded as great burthen upon the
people of the State, and the Legislature
foreseeing this, and having no power to
change the Fedora! law, fixing the time
for the election OF Fresidentiui Electors.
but having the right to propose to the
electors Of the State an amendment TO
the State Constitution, did by Joint Keso-
lution, approved March 9, 1872, propose
an amendment TO the Constitution, max
ing the general election take place at the
same time rs that of Eelectors for Presi-
dent aud Vice President, to wit on the
first Tuesday after the first Monday in
November. So that in every fourth year
.here should be only one election instead
of two. The reason and the only retson 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
noycd and inconvcnienccd, and the in
dustrial interests of the State greatly dis
turbed and imperillcd." This proposed
amendment was adopted by an over.
whclming majority of the people at the
next election, and the Legislature by the
Act OF March 18TH, 1874, enacted that
| THE next general election in tti, State
shall be held pursuant to the provisions
OF amendment to Article 2, Section II
of the Constitu ion of the State of South
Carolina, OH thu irst Tuesday following
the first Monday in November, 1874;
and forever thereafter at the same time
in every second year"
The question now il, what is included
in the tenn ''gene. | e'action?" This
must be decided by .hc 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 Offices at the same time, but
leaves it to the Legislature in its wisdom
to do 80 or not. Has the Legislature. .di-
rccted the election of county officers to
be had at the general election? The
acts of 1868, 1870 and 1872 require the
electi of county officers ut this election.
The r.quremeE is in the spirit and the
lettel of all the acts in reference to the
general election. The elections of 1870
'72-7+'76 were had upon this nterpre.
tation, and not Il dissenting opinion was
expressed until after the election of 1876
So much of the act Of 1870 M conflictcd
with the election of county officers at the
general election, is repealed by the act OF
March IL, 1872, which provided for the
ELECTION of county officers at the general
election, and repealed all acts inconss.
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 moi
have been received and acted upon 70,
six years by all the departments Of gov
crnmcnt 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-
Ole to the joint resolution to amend the
Constitution, quoted above, and if that
intention is clear. such reasonable con
structioD must be given the various act.
construed together as will carry it int
effect. !. construction Of the acts which
makes two elections coming close upor
each other every two years, lust cad of every
fourth year, increases the very burthen,
which the Legislature without question
Intended 10 remove, cannot DC iii accord
ance with the intention of the Legisla
ture, clearly and Enthusiastically expressed
in plain language, and therefore canno
20 law. Again, ii the clearly expressed
will of the Legislature is that there shall
be only one general election in every two
years, any construction of the acts which
makes two is n perversion of that vii
and cannot have the force of law. From
these premises for .hn construction q
Statutes, applied to the Statutory provis
ions for the election Of county officers, il
seems that they should be elected at the
general election, held on the first Tues
day after the first Monday liz No"e#:i55 bel
every two years. and that the election
for county officers, held on the 7th day
of November last, was in accordance
with the requirement of the Statutes ol
! ...e State.
J. s. NJ.