Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1878-01-24

in, as having received the highest number of
votes 30 far as ascertained from the commls-
sioners' return. The House has no right, he
said, to 20 behind this prima facie showing
and be governed by narrative" which is
not here according to law and has no legal
significance. The House should be governed
BY the result as exhibited. Mr.. Ferriter
moved to substitute the name of Mr.. John
ston, which motion was warmy y seconded by
Andrews, of Sumter, and >other ex-Mackey-
ties. Mr.. Orr declared himself in favor of
seating neither candidate. Mr.. Hamilton
moved to refer the whole matter to the prop
er committee. Mr.. Aldrich spoke at some
length defending his view, on the ground of
prima facie title, and of numerous precedents,
which, he claimed, have always been recog-
nized. Mr.. Haskell said if he voted for the
admission of either candidate, it would be for
Mr.. Johnston. The Democratic party OF
this State should be particularly careful how
they admitted candidates with defective tt.
ties, especially when they were members of
the Democratic party. Messrs Gray and j.
j. Hemphill spoke in favor of investigation
before admission, and after some further re-
marks, the whole matter was referred to the
committee on privileges and elections, with
instructions to report as soon as practicable
which of the claimants has prima facie title
to seat, leaving the question of right tor
future settlement.
The bill to reduce and fix the per diem and
mileage of members of the General Assem-
bly,, was indefinitely postponed.
R. w. Shand, elected from Union county,
appeared and was sworn in as member.
THURSDAY, January II, 1873.
In THE SENATE, Ex-Governor Manning.
recently elected, was admitted, sworn in and
assigned seat.
A considerable amount of business of
routine character was disposed of, but moth
ing of local or general interest.
In THE HOUSE, The committee on privi.
leges and elections reported in relation to the
election in Sumter county, that 1t appearing
to them, from the returns, that Mr.. j. 3.
Johnston (Rep) had received a majority OF
the votes cast, he had a prima tae'e rig mt to
seat and the committee recommend that ne
be sworn in. Ms. Aldrich presented the con:
test of Mr.. J. A. Mills. Mr.. j. j. Hemphill
called attention to the fact that the citizens
of Sumter have presented memorial to this
House, showing that the whole election was
fraudulent one and should be set aside
protracted discussion ensued. Mr.. Haskell
denounced the loss of the boxes in Sumter
as an infamous fraud, and they who had at
tempted to perpetrate it now wanted the
House to do the dirty work which they had
failed to accomplish. The evidence was con-
elusive that Mr.. Johnston had been elected by
an overwhelming majority. As soon as this
WAS ascertained some of the boxes mysterl-
ously disappeared. The boxes were then shut
up in a room, and it having been ascertalned
that Johnston still had majority. they were
left conveniently unguarded, and that night
as many more disappear as are necessary TO
give the Democratic candidate bare major.
ity of 81 votes. 1t was fraud, and he
should vote against recommitting the ques'
tion as proposed. Could it be possible, after
all the fair promises so lately made, that such
an affair can be countenanced for moment1
What guarantee have we that it will not be
repeated again and again? 1t should be set
tied at once. The report of the committee
was adopted, and johnson, (Rep.) the newly
elected member from Sumter, appeared, was
sworn in and seated.
The bill to secure advances for agricultural
supplies (the lien law in disguise) was taken
up, and after short discussion as to its status
was rejected by vote of yeas 49, nays 5O.
The whole matter was then endeavored to he
.lol h,, fo
vote and a motion to lay this motion on the
table. This effort failed the motion to table
the motion to reconsider being lost by vote
of "A yeas to 81 nays. The matter being thus
reopened for reconsideration, Mr.. Simpson
moved an adjournment and called the yeas
and nays. Result, 81 to 81; so the House
refused to adjourn. Hamilton moved to re-
consider the vote by which the bill was reject.
ed. Orr whispered Simpson in stage tones to
call the yeas and nays again, which was done,
resulting yeas 60, nays 45 The motion was
agreed to, and the question being again wheth:
er the bill should pass its third reading. and
be sent to the Senate Mr.. Brown moved
that it be made special order for Monday
next, in order to allow time for the passions
of members to cool and their judgments to
clarity. A colored member moved to recon-
nit the bill to the committee. The chair
ruled this motion out of order. Mr.. Saw
yer offered as an amendment that the bill
be printed This was ont of order. A mo-
ton was then made to adjourn. Fifteen min.
utes not having elapsed, this, too, was out of
order. Some one moved to table Mr.. Browns
motion to make the bill the special order for 2
o'clock Monday. This was voted down. At
ter further skirmishing the bill was recommit-
ted to the committee on agriculture.
The following joint resolutions passed a
third reading: Joint resolution to authorize
the Secretary of State to extend the time for
the payment of the purchase money on lands
bought by the land commission joint resolu-
ton to allow the citizens of Fort Mill town.
ship to have the benefit of the fence law.
The majority and minority reports Of the
committee on the judiciary in relation to the
trial Justice system were received and read.
The majority report included bill to amend
the law in relation to the Circuit Courts of
this State bill to reduce all acts and parts of
acts relating to the trial justice system to
one act and to amend the same. The minor
ity report included bill to create county
courts in lieu of trial justice courts, and bill
concerning the office and duties of magistrates
and to define their jurisdiction. These bills
.,o,o reo1 tba 6rst tinoo nd refarrod and the