The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1877-03-29

TF't AbE 'AlO,E4N CJ. w. Hof-t,~
1 s+'.'-'7s
Eettlehzent, there have been 30 rtlasly ad-
| ttHdicatlons directly and indirectly by
yEdge5 on other circuits, and by The ,5tiss.
tice5 Of the Supreme Colirt, chat d 'fec6as-
hitcE by this Court. of the influence they
are entitled to. as contributing TO d final
determination Of the controversy is i'm
narahyely demanded, and, on account OF
lshe conflict Of .aaauned official authority,
leA9n2t .be, saesly delayed longer. .Tethiss
epq the .ease before the ;Ceget, haa been
proHght 9Ads although q circuit decree
gan sh9yf. bpt Little inanence in determin.
,ng who Is ossrnaF, it n1ust for the time
pGing settle local conflicting claims to
} ofic!al recognition, and lead to tho hsr-
mgMans working OF, the judicial system
/ tor9alnea for the, preservation Of the
pnplc peace, and the protection of per-
soas and property. Having heard argu-
ment fos the frat time, and on but ono
proper, so fas as the very limited oppor-
-suuity permitted, to give il such cons;d.
Grafton as its Importance demanded. and
noYi proceed 20 state briefly tho conclu.
eions l hgye arrived OF, from, O review of
the facts before me and the law appliea-
bic thereto. 81. e.
! 4 By; the act of February, 1873, l6sh
Statute, 865, it ia provided that "the GOV.
.ernor do appoint, by and with tho advice
ana consent of the Senate, five trial JUS.
tices for the City Of Charleston" which
number was reduced to four by the act of
March, 1876. 18th Statute, 1853. Upon
Inspection Of the commission of W. f.
Dover, which was produced in Court. it
I appsafs that he was appointed to the of.
Ece ne elaims on che 3rd Of January.
1877, by ID. H. Chamberlain, styliIg
himself Governor Of South Carolina, It
10 denied by the relator that Mr.. Cham.
beriain was then Governor of the State.
and Insisted that, by virtue OF the election,
HELD on the 'Tth of November, 1876 and
I Of proceedings had III the General AS.
sembly and the Courts, Circuit and Sn.
I pfetde, Sahseqdent to tiaE date, Wade
Hampton Isl and was, the lawful Cover.
nor, and alone authorized: BY law to ap.
point trial Justices. E f'i.i =
The, Constitution in Section 9. article
4, provides that "the Governor shall be
elected by the electors duly qualified to
vote for pembeTs: of the Houae of .Rep.
resentatiTes, and shall hold his Office for
two years, and until his successor shall
be chosen and qualified" and in Section
4 of the same Article It is declared that
the person having the highest ,,un,be,. of
votes ataH te Governor" and that II
| contested elections for Governor shall
be determined by the General Assem-
bly,"
/ There are other provisions in the same
section directing how the result Of the
election Shsll be ascertained and declared,
but regard them of form merely. not of
substance, excluding other modes under
| all circumstances; and it has not been
| pretended, SO s.- as am informed, THAT
o neglect of duty, or m Improper or
fraudplene diseilaEge Of tho utyti,nposed
| on them, by any of the officers through
Whose hands the ballots or returns have
| 70 pass, can, 'vitiatc the election and de-
feat either the expressed will of the elec-
fors or thu right OF the person having the
highest number of votes. An election
for Governor of this State was held, ac-
cording to law, on the 7th November last,
at which Wade Hampton and Daniel n.
Chamberlain the incumbent) were the
| of tho COUNTY canyassers' ghicI cam cannot Of
i i,e gz1ie. behind, s{aeG tho Report, Of tiie
Presidential Electoral Commission in the
| case Of florida except by contest as
prescribed by the Constitutions, it was
ascertained, as is in proof before. the
Court, and has never, to its knowledge,
been denied, that there were in the ballot
boxes n majority of 1.134 votes for Wade
Hampton. This would seem to have set
tied the question, unless O contest had
| been made before the General Assembly,
as provided for by the Constitution, and
| there was no contest But, nevertheless.
the qualification of the person elected
was necessary before he could enter upon
the duties of the Office, and in the mean
| time the incumbent would have held over
under the Constitution, if he had elected
to do 80. Did he do soPi When the
General Assembly met in Columbia in
| Noretlber last the members of the lower
| House divided into two sections. One of
these, consisting ofoa less number than "a
lawful quorum Of tho House OF Repre-
sentatives, as had been previously ad-
judged blythe Sppreme Court In the case
Of Merton, Rlisa & Co. ya. fhe Comptrol-
Ter. General -7-4th s. g. Reports, 4S01pro-
ieseded to organize by electing E. w. III.
Mackey Speaker; whilst the other, con-
tanning o lawful quorum, including GER
tain; n;peYsons who, it was charged, secured
theirelection by fraud and violence, but
who having been returned by the county
canyassera as receiving the highest num-
ber0fRotea, were P'i.aa Jaois eAatled to
their seats, was organized by the election
9th Of December, 1879; E. w. NJ lMackey,
in the presence Of the Senate, dThcss or
ganiz,tiop was. regular, and Of. The body
over whom he had 5sssss. c!.caen ta ta nreaide,
styling themselyea the House of Repre-
i senisuii ve,. 4, z,,er, ~ aIent:n-.