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

the validity OF the election OF county
officers, held on the 7th day Of November
last, has occasioned great deal of in
terest in the different counties, on the
part of the candidates receiving major
ity of the votes cast as we'll as by the
people. It is known that the Bar of the
| State, as we'll 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 on 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-established rules
in the construction of Statutes, and to
apply them to the Statutory law of the
State elections. So far rs 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 to be taken together, and
construed in pari materia. See State VS..
Fields, 2 Bail. Rep, 4S0. Second, That
the intention of the makers of q Statute
ought to be regarded in its 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. IL Mod, 161; l
Johns. 105. A thing which is within the
intention of the makers of a Statute, is
as much within the Statute as if it were
within the letter. Plow. 366, 10 Rep,
101. Third, That the title of an act, as
we'll as the preamble, may be resorted to,
to ascertain the intention. State VS..
Stephenson, Bail, 3s4. State VS.. Fields,
Ibid. 554. Fourth, That the construc-
ton given to an act of the Legislature
soon after its passage, cannot be altered
at very distant period. l Dali, 1856.
There is but one restraint to the will of
the Legislature, and that is the Constitu-
ton. If then we can ascertain the will
of the Legislature as expressed in the
Statutes, and that will is not in contra
vention of any constitutional restraint, it
is the law.
The Constitution of 1868, Art. End Sec.
II, requires the election of Senators and
Representatives to be held on the third
Wednesday in October, eighteen hundred
and seventy; and forever thereafter on
the same day in every second year. Art.
Sd Secs. 2 and provides for the election
of Governor and Lieutenant Governor,
and declares that they shall be elected at
the first general election held under this
Constitution, for members of the General
Assembly, and at each general election
thereafter. The Constitution, therefore,
clearly determines the general election
to be the one at which Senators and
members of the Legislature are chosen.
Art. ID, Sec. 10, requires all State officers
to be elected at the time of the election
of members of the General Assembly.
Art. 4, Secs. Is, 90, 81, 20, 80, require
the election of Probate Judges, Clerks Of
Courts, Solicitors, Sheriffs and Coroners,
but specifies no time of their election,
leaving the time to be determined by the
Legislature. The Constitution clearly
fixes the time for the general election
and that of State officers, and leaves the
time for the election of members to Con-
gress and county officers subject to legis-
lative enactment. The Convention by an
ordinance passed 9TH day of March, 1868,
provided for the election Of members of
the Legislature, State officers, and men,
bers to Congress for the unexpired term,
to be held on the 18th, 18th and 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 in the summer of 1868. The first
Legislature, under the new Constitution,
met in the month of July, 1868, and on
the 26th day of September following
passed the first Act relative to election,
entitled San Act providing for the next
general elections and the manner Of con-
Quoting the same." Acts of 1868, No. SO.
This Act provided that "The next gen.
eral election in the State should be held
on the first Tuesday after the first Mon.
day of November next"-Sec. 1st. Sec.
18th provided that there should be one
general ticket, on which should be the
names of the persons voted for as 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
Vice President, and Sec. 18th required
the Commissioners of elections to provide
two boxes for each election precinct, and
that such boxes should be labeled as fol-
lows: l. 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 an election from 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 and Circuit officers were
elected. and that these should be elected
m oue oeDernI f;nEef This ct Was