The Pickens sentinel. [volume] (Pickens, S.C.) 1871-1903, 1877-03-15
Judge WIllard,s Opinion.

u
with the concurrence of Associate JUS.
tice Wright, at conference of the
Court on that day, from which the
Chief Justice was abscnt by reason of
severe illness. The order in question
terminated the present proceedings by
habeas corpus by dischafging the
prisoner. At the request ofAssociate
Justice Wright, l suspended the filing
of the ordor until Saturday of this
week. On Thursday an opinion was
placed in my hands by the clerk of
the Court, pu' porting to be the opin-
ion of Judge Wright, although not
endorsed with his signature in the
customary manner. This opinion was
accompanied by a memorandum hav~
ing tho signature of Judge Wright,
purporting 10 be revocation of the
previous order in which he had con-
Cured.
Without receiving any subsequent
communication from Judge Wright, l
attended tho court on Friday, the I'd
day of March, pursuant to adjourn
ment.
1t was my intention to express orr
ally at that time the results to which
[ had arrived as to tho questions invol-
vod in tho case, but in consequence of
the absence of Judge Wright, the
court was necessarily adjourned, and
no opportunity afforded for such state
mont. l doem it important, in view
OF tho important questions involved,
deeply affecting the interest and feel
ings of the people Of the State, and in
view of the anomalous and unprece>
dcnted character of tho recent pro-
ceodings taking place before court of
last resort, to put on record brief
statement Of the results arrived at by
myself, intending to place them in the
form of formal opinion at the earli-
est practicable moment:
My conclusions are:
l. That, according to the returns of
the managers of election in the several
counties, mado III duplicate, and one
copy thereof transmitted, sealed, to
the Secretary OF State, and the other
filed in tho office of the respective
clorlls of the courts OF tho several
counties, Wado Hampton received the
highest Eumbor of votes for the Office
OF Governor of this State at the elec>
ton held on the 7th day of November
last
That, such boing tho fact, ho boz
came Governor of this State by tho
direct declaration of tho following
words: "Tho person having tho high>
est number of votes shall bo Govern.
or" there having boen no contest of
the votes for Governor, recognized by
q current resolution of the two houses
of the General Assembly, as prescri~
bed by law, under the authority of the
constitution, contained in these words
"Contested elections for Governor
shall be determined by tho General
Assembly in such manner as shall be
prescribed by law" (Art. 8, sec. 5.)
That, inasmuch as no contest exist
cd under the constitution, and no two
persons had equally tho highest num-
bcr of votes, the General Assembly
had no functions to perform, except
to establish by law day on which he
should be installed; that day being res
quired by the constitution TO be du-
ring tho first session of the Legisla-
ture,
That the oNAy object ofthe opening
and publication of the returns was, in
such case, notice of the facts disclos.
cd by the roturns.
l also conclude that tho provision
declaring tho person receiving the
highest number of votes, according to
the returns communicated to the Sec>
retary of State, and filed with the
clerks of the courts, is independent of
that proceeding it, prescribing the du-
ties of tho Speaker Of the House of
Representatives.. as it regards opening
and publishing the returns in the
presence of the houses; so that if the
latter is unporformed the former is