Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1905-08-02
ATTORNEY GENERALS OPINION

ATTORNEY GENERALS OPINION
Attorney General Gunter Has Given
An Opinion.
There has been good deal Of talk
In parts of the State about certain de.
fects in the Brice law.
Mr., W. F. Clayton, of Florence, is
one of these who asked the attorney
general for information on the matter
OF ordering elections. MI: elayton's
object evidently Is not to befuddle the
matter, but to get definite instructions
upon which to act, for he is the chair
man of the board Of commissioners Of
election for Florence county Senator
j. S. Brice and the supervisors Of New.
berry and Union counties have asked
questions which are answered in the
reply of the attorney general.
Mr.. Gunter holds that the elections
should be held under the general elec-
tion law and should be managed ac-
cordingly. AS there may be many
counties interested in this matter, the
opinion is published in its entirety so
that counties may follow the sugges-
tions and not have the question of
technicalities raised too late to remedy
the matter. Following is the letter Of
Mr.. Gunter to Mr.. Clayton:
Columbia, S. c., July %, 1905.
Mr. w. F. Clayton, Chairman Board of
Commissioners of Election.
Florenuce, S. c..
Dear Sir: You request to be advised
whether under the act authorizing a
vote upon "dispensary" or "no dispen-
sary'' what are your duties as chair
man of the board of commissioners of
election under the direction of the pro-
vision that such eleceion shall be con-
Quoted as other special elections" and
stating further, II am unable to find
any general law upon thes ubject of
special elections. The designation of
an election as special carries with it
the idea Of a special act, and one
special act is not authority for an
other; hence I am constrained to view
the law as defective, and to such an
extent does this defect go that if
makes it imperative. But of that /
have no contest. I want to know if
any duty devolved upon the county
board OF election commissioners in
case an election is held in Florence
county upon the dispensary question.
If our board is to appoint managers of
election I want to know it so that We
may do our duty. further desire to
know. if it devolves upon our board
to prepare for the election, who is to
pay for the election and what rate of
pay is necessary. I cannot conceive
how the State is liable as it is in a
general election for managers pay,
neither can I see any authority for
the county to pay those managers, nor
can see any authority under the sec
tion for the supervisor to appoint man
ayers. would, therefore, ike your
early opinion upon the two PROPOSE
tions submitted SO that the county
board of election commissioners can
do their duty, if any duty they have
in this case of elections.
quote your letter Of inquiry exten-
sively, as the questions and state
ments will probably add light to the
matter, and take the liberty of reply
Ing herein to communications from
the county supervisors Of Union and
Newberry counties, and to Hon. ]. S.
Brice, of Yorkville, asking construc-
tion Of certain features Of the statute.
as this reply covers the questions.
/ am not unmindful Of the fact that
there is case now pending before the
Supreme Court involving, as l under
stand it, questions propounded here,
and were there only one county affect
ed and that county before the court l
should not attempt to anticipate the
court; but as every other county IN
the State has a right to invoke this
particular law at once do not deem
it impertinent to give the benefit OF
my views to the administrative Of
fcers Of the law who are entitled to
the same, there being no binding ooll-
cation to accept them.
By an act approved Feb. 25, 1914,
(p. 4S5, acts 19O5) "any county may
secure the establishment Of dlspen.
sary or dispensaries or the removal
of a dispensary or dispensaries within
it's limits in the following manner:
Upon the petition of one-fourth OF the
qualified voters of each county for an
election upon either the question OF
the establishment or the removal OF
dispensaries therein being filed with
the county supervisor of each county,
he shall order an election, submitting
the question of 'dispensary' or no DIS
pensary' to the qualified voters of such
county, which shall be conducted as
other special elections" etc.
BY the mandate of the general as
sembly it is evident that the only way
for a county to vote in or vote out
dispensaries is by an election conduct
ed as other special elections. The
question then resolves itself into the
proposition, Does our law provide for
other special elections, and If so how
are they to be conducted? If "other
special elections" are provided for 1t
is clear that such provision must be
followed
Section 2O5 of the civil code of 1902
provides general elections for federal
State and county officers in this state
shall be held on the first Tuesday FOL
lowing the first Monday in November,
1896, and in every second year there
after, and at such voting places as
has been or may be established by law.
and all general or special elections
held pursuant to the constitution OF
the State shall be regulated and con-
Quoted according to the rules, prln"
ciples and provisions hereinafter pre-
scribed.'
This is the only general provision
for the conduct of special elections
that I have been able to find, and it
is found in chapter 10, entitled, "The
Manner of Conducting Elections and
Returning Votes.
That the elections provided for by
the 1904 act are especial" seems to me
to be clear, and the suggestion that
conducted as "other special elections"
rofarc IN elections rnderH special act