The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1879-05-01
OFFICIAL RECORDS.

remove the official records from his Office
under subpGna from the United States
Courts, came up in one Of the Charleston
election cases, and was decided by Judge
Bond last week. The United States
District Attorney issued subpoena for
Col. Sims, directing him to bring into
Court the original poll lists from the
city of Charleston, which he did not
obey. A rule was issued against him to
show cause Why he should not be attach
ed for contempto of Court for not obeying
the subpoena, and the following proceed
ings were had thereon:
Major Theo. G. Barker, on behalf Of
the attorney general of the State, sub
mitted the following return to the rule
issued against the Hon. r. NJ. Sims,
Secretary of State:
| To the Hon. The Circuit Court Of the Uni
ted States for the Fourth Circuit:
R. NJ. Sims, secretary of State for the
State of South Carolina, upon whom has
been this day served rule to show
cause before this Honorable Court, on
Thursday, the 18th instant, at 10 o'clock
a. m., why he should not be attached for
contempt OF. Court in failing to respond
to a subpoena duces tecum served upon
him in certain cases fccited therein, re-
spectfully shows for cause: That ever
since the service of the said subpoena he
has been, and that he still is, too i'll to
leave Columbia to attend this Honorable
Court as witness. And this respon-
dent herewith submits the certificate of
his attending physician, DR.. w. B. Tay-
lor. =,
That the papers which he is required
by said su6pGna duces tecum to produce
are papers belonging to his office, which
he is, by statute, required to keep in Co.
lumbia that he has been heretofore ad-
vised, and is now advised, by the attor-
ney-general of the State, who is by stat
ute his adviser on questions of law relat-
iug to his official business, that the books,
records aud papers belonging to the of.
fee of secretary of State are required by
law to be kept in that Office in the State
House in Columbia; that they are there
subject to inspection, but that the secre-
tary of State has no authority to remove
them on subpoena duces tecum.
That the foregoing are the reasons why
this respondent has failed to attend this
Honorable Court,in person as a witness,
ard to bring the papers mentioned in the
said subDgna duces tecum. ra ir
And this respondent, further shows
that he is now, and has at all times been,
willing to submit the said papers to in
spection, and to furnish certified copies
thereof in accordance with the uniform
practice of his Office since its inception.
And this respondent disclaiming all
contempt or intention of contempt to-
wards this Honorable Court, prays that
the said rule be dismissed. ia
Sworn to and signed by iae
iii - r. NJ. SIMS,
Secretary of State.
|, District Attorney Northrop stated that
he, of course, took no issue with the re-
turn so far as it related to the indisposi-
ton of the secretary of State, but he did
take issue with it upon the question of
the right of the secretary Of State to
withhold certain papers, books and re-
cords from the United States against the
process of the United States Court. As
this point involved the question OF a
conflict of jurisdiction between the State
and United States Governments, he ask
ed the Court to allow him time 10 pre-
pare himself for the argument.
Judge Bryan said the opportunity ask
ed by the council for time is very rea-
sonable request, and one that belongs to
the gravity of the occasion. 1t would
not be proper for him, without investi-
CATION, to speak to the subject. The
Court itself would not like to undertake
to decide question of such importance
without full advisement. The return
will be received as information, and will
be acted upon at such time rs the coun-
sci may settle upon :,
The district attorney said that until
this question was settled he could not 60
or with the election cases. He, there
fore, proposed to argue the question on
Friday, and postponed the Barnwell con-
spiracy case, which had been set for that
doy.
Mai. Barker said that as the matter
was to be postponed he would prefer to
have q postponement until Monday, in
order that the attorney general, for whom
he was acting, might be present. He
felt authorized to say further that there
was no proneness on the part of the Sec
retary of State or attorney general to
provoke conAictof jurisdiction between
the State and United States, or to raise
any unnecessary questions. He was sat
isfed that the secretary of State was in
Huenced by the sincere belief that his
duty requires him not to remove the pa
pers, books and records of the State from
the place designated by statute for them
to be kept.
The district attorney said that Monday
would suit him, and the Court accord.
ingly fixed the argument upon the return
to the rule for 10 o'clock a. IN. on that
| day.
The United States Circuit Court was
convened at 10 o'clock Monday morning
Judges Bond and Byran presiding. The
district attorney announced that the hour
had arrived set for hearing the argument
in the matter of the rule against the sec,
retary of State. Major Theo. G.. Barker
appeared for the secretary of State, ano
made very able argument in support
of the sufficiency of the return to the
rule. He took the ground that the sec
retary of State was an executive officer o.
the State Government, and that he wa;
expressly forbidden by statute to remove
any of the records from his Office. The
statute nlso provided that certified copie;
of records should be furnished by him
which should serve as the originals. He
was ready to furnish these certified cop,
les, and took the position that it was moi
in the power Of the judicial department
to compel an act by an executive officer
which was in violation of State law
In conclusion Major Barker said:
at is obvious that the district attor.