The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1894-12-05

Sections 2 and of Article 2; of Section
2 of Article 3; of Section 2, 3, Z, s, and
10 of Article s of the Constitution of
this State, and of divers provisions of
the Constitution of the United States.
The petition alleges that he consti-
tutional provision of Section 81, of
Article l, requiring that all elections
shall be free and open, was forcibly,
grossly and shamefulIy violated in the
Increase of John Gary Evans, depriv-
ing thousands Of voters or their right
to select their public servants.
1t is alleged that "under guise of
complying with the statutory pro-
visions that a space or enclosure be
ratled of at each precinct, managers OF
election erected at the precincts, in
utter defiance and mockery of the spirit
and letter of the Constitution and
statutory provisions, such barricades
and obstructions as to utterly cut of all
views of their action and prevent the
election from being free and open.
| THAT said managers and others by
intimidation and physical force drove
thousands of legally qualified voters
from the polling places. That mana
gers so frequently shifted the position
of the ballot-boxes and refused to read
the names thereon as to succeed IN the
intended fraud of depriving illiterate
voters from voting. That many mana
gers unlawfully rejected the votes Of q
great number of legally qualified voters,
alleging that the numbers on their
registration tickets and the book did
not correspond.
THAT the managers fraudulently
abstracted Pope ballots from the boxes
and substituted Evans ballots. That
many managers frauduleDtly delayed
voters 80 as to deprive others of voting.
That many supervisors fraudulently
issued certificates to voters who desired
to vote for Evans and thus was his vote
J increased by thousands ofillegal votes"
The petition declares that these
| frauds, intimidations and acts OF
violence committed by supervisors,
managers and partisans of John Gary
Evans were committed in very many
cases at the immediate instance Of the
county chairmen of the Democratic
party, who in turn received their in
structions and orders as to such action
from John l.. NJ. Irby, chairman of the
Democratic State Executive Commit
tee, and United States Senator from
South Carolina, and from Benjamaln
r. Tillman, Governor Of the State Of
South Carolina, commander-ln-chlet of
the militia of the State, its highest civil
and military chief, whose sworn duty
it was to care that the laws be faith
fully executed in mercy, but who 80 far
! from doing so in some instances in
structed said county chairmen to call
to their aid in executing these frauds,
acts of intimidation and violence,
sheriffs, constables and armed forces of
! the State if necessary for their accom-
| plishment.
| The petition further alleges that but
for these frauds DR.. Pope would have
large majority Of the votes cast. The
request Is made that this contest of
election of Governor be determined by
legal procedure, statlng that the Pc
titioner stands ready to prove his
allegations by competent and credible
testimony.
Accompanying this petition was g
concurrent resolution that DR.. Pope be
heard before each body of the General
Assembly and that he have process to
issue from said bodies for the forth
coming of witnesses to prove the allega-
tions of bis petitions, that pending said
contest the returns for Governor shall
not be opened and tabulated.
VIEW BILLS.
Among the bills introduced We're the
following: ,,
A bill to amend an Act entitled IAN
Act to protect primary elections and
conventions of political parties and to
punish frauds committed thereat,"
approved Dece nber 22, 1888.
Section l. Be it enacted by the
Senate and House Of Representatives
of the State of South Carolina, now
met aud sitting in General Assembly,
and by the authority of the same, That
Section of an Act entitled "An Act to
protect primary elections and conven-
tiops of political parties and to punish
frauds committed thereat," approved
December %, 1883, oe amended by
adding after the words "by such rules"
on the tenth line of said section the
following: provided, that IN addition
to the managers selected IN the manner
prescribed by any political party,
organization or association for the pur-
pose of choosing candidates for office or
the election of delegates to conventions,
each candidate for any Office at said
primary election shall have the right
TO name at each polling precinct at
which such primary election involving
his candidacy is held one person as
watcher to represent him at such
polling precinct, and such person or
persons so selected by each candidate
shall be entitled to be present at sald
polling precinct from the opening OF
the polls until the votes cast at SAID
election shall be counted and tabulated
by the managers, and shall be per-
mitted to watch the conduct OF SAID
election and the count of the ballots
cast: Provided further, that no person
shall be entitled to vote at any primary
unless he produces his registration Ger
tificate and is qualified to vote for the
officers to be nominated thereat on the
day of the election. So that said Sec
| ton l when 80 amended shall read as
follows:
.Section l. Be it enacted by the Sen
ate and House of Representatives OF
the State of South Carolina, now met
and sitting General Assembly, and by
the authority of the same, That every
political primary election held by any
political party, organization or associa-
ton, for the purpose Of choosing eandl-
dates for Office or the election OF dele
gates to conventions, shall be presided
over and conducted in the manner
prescribed by the rules Of the political
party, organization or association hold
| ing such primary election by managers
selected in the manner prescribed by
such rules: Provided, that in addition
to the managers selected il the man
ner prescribed by any political party,
organization or association, for the pur-
pose ofchoosipg candidates for Office, or
The election of delegates 10 Convention,
each candidate for any office at said
primary election shall have the right to
name at each polling precinct at which
such primary election involving his
candidacy is held one person as watch
er to represent him at such polling
precinct, and such person or persons
so selected by each candidate shall be
| ontitlo6 to he nresant at said polling