The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1893-01-11
rHE SOUTH CAROLINA VOTE.
Away TO Georgia for Messenger to Take
IT to Washington.
fThe State, 1oth.l

The electoral cOlIeSe OF SOutu SaEo-
lima met in the Secretary OF States
Office Yesterday, and it has "done gone
and done it.n It has elected 7. i'Arl-
oso CAN'T to be its messenger "trusty
and true" to bear the votes to the
National capital.
All the members of the commission
were present as follows: Ernest Gary,
J. VIM. Stokes, G. C. Tracy, L. z.
Walker, S. A. Nettles, j. 81. McCalla,
J. S. Hart, J. Steele Brice and T. s
Williams.
The ballot of the commission was
cast for Grover Cleveland and Adlai
Stevenson, and the nine certificates
were made out and duly signed.
When the matter of selecting mes
senger to Washington came up, the
name of T. L'Arioso Can't was pre-
sented, and there was none other.
The question of his eligibility at once
arose. The matter was referred TO q
special comm ittee consisting of Messrs.
Gray, Tracy and Hart, to examine into
the law and report as to his eligibility.
The committee, or the majority thereof,
reported finding that Mr.. CAN'T was
ineligible. Mr.. Gary, the newly elect
ed Judge, submitted q minority report,
claiming that Mr.. CAN'T was eligible.
When it came to 3 vote before the
commission as to whether Mr.. CAN'T
should be elected or not four OF the
nine members voted for each other,
and MIR. CAN'T was elected by one vote
only. the remaining five voting for him.
Those who did not vote for Mr.. Can't
were Nessrs. Stokes, Nettles, ,Brice and
Tracy, all good Administration men.
So it is seen that while L'Arioso
viii carry the South Carolina returns,
his election was very far from being an
honor or even a compliment to him.
The majority of the committee sup
ported their positions on the following
grounds: Tkat under decision of the
Supreme CouSt of the United States
reported in 6 Wallace, an Office was de-
fined to be any position filed by gov
e,nmental appointment, and eombin-
ing tenure, duration, enrolment, and
dnty. Ali these were combinePla Ia the
messenger, the tenure though short
being defined, his duty being clear, q
punishment provided by non compil'
ance or nlisfeasance and the enroll
meuts provided by Statute, that the
messenger was State officer; his ere
ators being State officers, as decided IN
Green VS.. Fitzgerald, 10 Supreme
Court report, and that Sec. l of Art.
XIV of the Constitution Of South Caro-
lina prohibited one not possessing the
qualifications Of a voter from belag an
Office holder. -,
Mr.. Gary gives the following as his
reasons for submitting minority re-
port:
"My reasons for the minority report
are as follows:
"The act Of Congress regulating cleo.
tons for President and Vice President
does not specify how the vote of the
electoral college shall be transmitted to
Washington. The only authority
therefore by which it is governed is
contained in the act of the General
Assembly of South Carolina of 1889,
Section l57. which reads as follows:
ssSuch electors shalt then, by wit
ing under their hands or under the
hands of a majority of them, appoint
q person to take charge of the list SO
sealed I'D and to deliver the same to the
president OF the Senate Of the United
States at the seat of the government
before the second Wednesday IN Feb
ruary, then next ensuing.
From my construction OF the ACT
the only qualification is that the mes
senper must be person and not neces.
sarily qualified elector."
Mr.. Brice states that when 1t came
to signing Mr.. Gantt's commission, De
refused to do so. The messenger &c
Washington will not be overwhelmed
by the com pliment.