The Caucasian. (Clinton, N.C.) 188?-1913, 1893-05-11
THE SUPREME COURT oyERRULEO.

North Carolina, by which the county
government system was established
the Legislature passed an
election law. This statute mas
be found in the laws of 187G,-'77, at
page SIG, being chapter 275. Section
rs of that chapter was afterward
brought forward lin 1888 in the
code Of North Carolina, section
1904.
The words Of the section, before
the amendment Of 1889, hereafter
quoted was as follows:
CSC. 1904. The board Of county
canvassers shall, at their said meet
ing, in the presence Of the Sheriff
and of such electors as choose to at
tend, open and canvass and judicl-
ally determine the returns, and make
abstracts, stating the number Of legal
ballots cast in each precinct for
each Office, the name Of each person
voted for, and the number of votes
given to each person for each differ
ent Office, and shall sign the same.
Before this section was brought
forward in the code, it was construed
by the Supreme Court of North
Carolina, in the case of PEBBLES VS..
the Commissioners of Davie county,
Chief Justice Smith writing the
opinion. The point presented i'll the
case was this (see page 3S7 of the
SID N. G. Reports:) "Haye the
county canvassers the authority, in
discharging their official duties, to
60 behind the registry of voters and
to examine into the regularity of the
action of the registrars, and their
associate judges of election, to strike
from the roll the names of all such |
as they may deem to be improperly |
entered, and to change the voting
lists accordingly"
The Court says: "The proposition
which asserts that this power resides
in such body is so fundamentally |
at varience with the practical work
lngs of our electoral system, and the
well understood functions of the
public agents charged with collect
ing and reporting the popular vote
from the different precincts, that is
bare statement would seem to be its
reputation"
The reporter, in his head-yotes,
(S2 N. c. Repots, page $3.50 states,
in condensed form, the decision of
the Court, as follows
81. A board of county canyassers
under the election law (acts 1877,
ch. 275) has no authority to revise
the registry or to examine into the
qualifications of those who voted or
who were refused permission to vote.
''2. They must decide upon the
authenticity and regularity of the
returns; but when received the re-
turns must be counted as importing
absolute verify, as far as the county
canvassers are concerned.
SO. Their quasi judicial functions
do not extend beyond an inquiring
into and determination of the regu-
larity and sufficency of the returns
themselves"
The doctrine announced is sus-
tanned by references to several North
Carolina cases, as well as to acknowl-
edged authorities on elections. The
decision, in effect:-was that the
county canvassing board had none
but ministerial powers, and could
not go behind the returns. In other
words, they had no judicial powers
whatever, and could simply foot up
the vote returned.
This opinion of the venerable
Chief Justice did not suit the poll
tlcians, and they demanded amend
ments.
In 1889 the General Assembly, in
seryile obedience to the politicians,
fastened to do away with the effects
of the decision. An amendment was
adopted, in these words:
Said board that is, the county
canvassers shall have power and
authority to judicially pass upon all
the facts relative to the election, and
judicially determine and declare the
true result of the same; and they
shall also have power and authority
to send for papers and persons, and
examine the latter on oath"
The language is added to section
1884, given above, and should be
read in connection with it, for a
proper understanding of the designs
of the Legislature in adopting the
amendment. The evident purpose
was to overturn a deliberate judg-
ment of the Supreme Court, and to
extend the powers and functions of
the county canyassing board. so that
the latter should have all the pow
ers of court, in deciding all ques-
tons of every kind relating to cleo
tions; and with all the powers of a