The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1877-01-18
OF COUNTY, oE f1eERs.
A DECISION OF THE QUESTION wHErHeG
THERE WAS A LAWFUL ELECTION or
COUNTY OFFIcERS IN NoyRI1BER-,
AN APPEAL 10 THE SUPREME CouRT.

THERE WAS LAWFUL ELECTION or
COUNTY OFPIcgRS IN NovRNBER-
AN APPEAL 10 THE SUPREME CouRT.
Before Judge Reed, in the Court of
General Sessions for Charlestoa County.
an agreement was made in the case Of
Jacob Whitman vs. John Fl. OstendorT.
who we're contestahts fof tho Cless Of tise
Court in Baid County, 10 have contFo-
versy without action, or O friendly suit 10
determine which of the contestants was
entitled to tho Office. The question In
difference submitted to the Court was
whether, under the Constitution and laws
of the State of South Carolina, Mr.. VIII
liman, as holding the Office till his aucces-
sor should be elected and qualified, is
such clerk, or whether Mr.. Ostendorff 10
such successor and entitled to the Office
by reasor Of the vote5 ckst for him on
the 7th November, 1876, and the subse-
quent declaration. of the board of State
canvassers. -..1,,
been commissioned, and had taken the
oath of Office and given the bond az re-
quired by law, and is IN all respecta duly
qualified to perform the duties Of esid
Office, provided that the 7th DAY OF No
the election for said Office.
The case was elaborately argued on
both sides, and Judge Reed announced
his decidion and opinion in the. case as
follows:
In Re. Jacob Whitman and John H. Os-
te,idorG 70 be CLERK Of Court Contro-
persy Utthout Aci:on.
To determine the question submitted
TO the Court in the case made, it is neces:
sary to recur to and state the principal
constitutional and legislative provisions
in regard to the election Of State and
county officers.
1t is provided by Section IL, Article 2
of the Constitution, reading it as amen
ded in 1928, that "the frat election for
Senator'S and Representatives y
shall be held ON the 14th, 10th ard 18th
days of April Of the present year, (l868(
and the second election shall be held on
the third Wednesday in October, 1870.
and forever thereafter on the first Tues.
day following the frat Monday in No
vember in every second year." So that
the 7th November last was unquestiona-
bly, the day fixed by the constitution for
the election of members Of the General
Assembly.
In Article 8, Section 2 and s, it 10 pro-
yided that the Governor and Lieutenant
Governor "shnll be elected at the first
general election held under the constitu-
ton for members OF the General Asscm.
bly,, and ct each general election there
after" The term general election 10 ap-
piled by the constitution to the election
of Senators and Representatives, and
would seem to be fixed thereby.
In section % of the same article it is
nft Eot H. H. Il 4
the qualified voters of the State q Com D.
troller General, Treasurer and a secre-,
tary of State, who shall hold their reapec.'
tive Offices for the term of four ycdrs,n
but no time is fixed for the election.
Section 10 OF. Article provides that
three persons shall be elected BY the
qualified voters of each county for the
term of two years, who shall constitute \
board of County Commissioners, but no
time is prescribed for their election.
Section 20 provides for the election of
Probate Judge for each county for the
term of two years, but is silent an to the
time of election.
Section 81 provides that "there shall
be elected in each county *~ one
Cle.k OF the Court X who shall
hold his Office for four years, and until
his successor shall be elected and auali-
fed" but fixes no time for his election.
Section % provides that ian Attorney
General for tie State shall be elected b
the qualified electors for the term of four
years." fixing, however, no time for the
election.
Section so provides for the election of
Sherih and Coroner for each county,
for the term Of four years each, but is
silent as TO- the tiua of their election.
Section l, Article 10, provides for q
Superintendent of Education, who shall
be elected at the same time that the State
officers are elected.
Section 5, Article Is, provides for the
election of an Adjntant and Inspector
oficers are elected, and oora
Section 10, Article II, directs the time
when all State officers shall be elected, 10
wit: at the general election Of Senators
and Representatives, which Is, al has
been shown, "on the first Tuesday follow
ing the first Monday in November Of
every second year," aa to those officers
whose term Is for two years, and in every
fourth year as to those whose terms are
for four years.
The constitution iB, therefore, entirely
Silent as.to the time when county officers
shall be elected, and has been 80 regarded
and treated by the convention that
framed it, and by the General Assem-.
bly,. II M
This, as to the constitution, is demon
strated by au ordinance ratified on the
7th of March, 1858, TO be found In she
Revised Statutes Immediately following
the constitution; and Is u .!:a Genera!
Assembly, by the legislation that has
heen had or the s.!;ss: !y p, ::!::ss c:;.:
nance referred to, an election wss ordered
to be held for the ratification OF the con.
stitction and tie election Of State officer,
on the l4th, 10th anu 10th days of April
OF the same year, and q board of com.
missioners, appointed by the same ordi.
nance, were authorized aud required tc
order an election for all county officers. Ia
De held within thirty days after the rati.
hcatlon of the constitution. The frat
election fQf county 59ficeSs fsas provided
LOT, thefeicfe, by the Convention that
framed the constitution, and was held il
pursuance of the ordinance in May, 1858
.eaving it to the General Assembly te
provide for all future elections.
This they proceeded TO do, and tht
nrst. act, on the subject to which my OF
lention hos been called is that OF the l4,f
OF tebrlary, 1870, as re.enacted in thi
nesiSed Statutes, part lst, title I'd, chap
.er io, page s, "of the election of counts
oilcers.H The firsti Section of that SC
provides that 'there shall be ges;ery
aeaton fof the election Of the following