The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1896-12-02

Inc BUSINESS except aS IuCFuh Wueu
the three were qualified.
"Within ten days Of the time OF
their first meeting as board Of cOun-
ty canvassers they shall transmit to
the beard Of Slate canvassers any pro
test"
Why do they meet on the first Tues.
day, and before 10 o'clock A. NJ the
generally accepted legal hour for all
Courts TO meet? They transact their
business and adjourn, not waiting len
days, as the law allows, but adjourn.
ing in one or two hours.
Why their haste2 They were al
lowed ten days.
Secretary OF State calls State board
not less than ten DAYS after meeting of
county board. Why9
Second. That the statute require
the commissioners to meet and organ.
ize on the Tuesday following the cleo
ton, and defines their duties. The
board of Charleston County claims to
have met, transacted its business and
adjourned by $50 A. M. At 10 A. NJ,
one of the representatives. of Murray
called on the chairman. He refused
to accept any notice OF protest from
them, thus shutting Murray off, and
allowing him no opportunity to have
them as judicial officers decide his pro
test or contest, subject to appeal to the
board OF State canvassesrs, as is al.
lowed by the statute law of this State,
il readinp as follows: 1.-THE said boards
shall have the power, and it is hereby
made their duty, as judicial officers to
decide all cases under protest or con-
test that may arise"
We submit that under their actions
Murray was deprived of his legal rights
10 appear and have his protest or con-
test heard. We beg leave to refer TO
State VS. Chairman County Canvass
ers, 4 S. c., 4S5; State VS. DeLeisselne,
McC, SO, to call attention to the fact
that in order for two to be majority
three must be appointed. State VS.
Nerland, rs. G., 241. One cannot act
as board. Why2 Because it takes
three to constitute the board. If so
two cannot act as board only when
three has been appointed, the statute
being three must be, not may be, but
must be three.
Then we submit further that if your
honorable board decides that there was
no legal board in Charleston County
you must throw out the vote for Con-
gresham and Presidential electors for
that county.
Second. II you decide that there
was a legally contituted hoard then you
must reverse the action of that board
in refusing to hear Murray's protest,
and even refer it tc them now for a
hearing or hear the evidence your.
selves to sustain that protest.
We know that this board cannot hear
any evidence except what was intro.
duced before the lower board and
broug ht here on appeal. You act only
as an appellate board. But it is clear.
ly your duty to correct all errors, and
if the county board erred in refusing
to hear Murray's protest it is clearly
the duty of this board to reverse their
action and compel them to act as the
statute requires, or else hear testimony
yourself tc correct said error.
The late Constitution and the statute
enacted by your last Legislature pre-
sumes to give to us in South Carolina
free, open and fair elections, and
makes it your duty as honorable men
to see that it is given us. We appealed
to your lower board. They refused us
a hearing. We come to you and ask
for simple justice. Will you give it2
If not whittier shall we fly? Where
shall we 60 to ask for free ballot and
fair Count2 We are we'll aware OF
the fact that you cannot pass upon the
constitutionality of the election laws
of South Carolina. 1t is not within
your province, but it is your required
duty, and you are sworn before your
God and fellow man to carry out that
law to the letter. Do that; require
your county boards to do it, and no
further complaint will be heard. In
this contest justice will prevail, the will
Of the majority will be carried out.
Murray will be given his certificate,
honest men will applaud you for do.
ing your duty. You will receive the
we'll done from your fellow men. The
Republican party will be satisfied that
South Carolina acts with justice, and
we will not be compelled to fly to the
highest tribunal, the 55th Congress,
to get what you have said was ours,
what you have cut off for us, what
YOUR representatives have boldly stated
in the hall above US was for US. We
do not ask for it except upon the
grounds which we have set out before
you, which are legal, just and proper.
Gentlemen, if we have made out our
case declare there was no county board
and give us the certificate. Ifthere
was a county board make them carry
out the law and hear us. or else hear
us yourselves. We will prove our
claim, justice will be done and all will
be we'll. We thank you for your at
tention.
The board decided that it could not
accept the agreements of Col. Elliott,
and merely received them as informa.
lion.
Col. Elliott said that there was no
argument he cared to present, in view
of the position taken by the board and
the position of Murray.
1t may be mentioned that even with.
out Charleston's vote Col. Elliott
would have been elected.
After hearing argument this. f.
gether with all other conte its, was left
for consideration in executive session.
The State board had considered the
formal contests that had been filed, in
advance of the meeting. Upon mo