The herald and news. [volume] (Newberry S.C.) 1903-1937, 1905-07-07

the case heard by the full court. He
thought an order Of reference to take
testimony as to disputed matters
would be the better plan and in a case
OF this kind the question should be
probed to the bottom not as pollt1-
cal question but as purely legal and
let the decision iall wherever it might.
That the best plan was to grant an
order Of reference to take tes-i1nony
and let the whole matter be referred
to the full court. There is no whiskey
in Pickens now and It can't be sold
there and no harm of a moral nature
can come. He said he had no right
10 cali the supreme together but there
would have to be testimony and the
whole matter could come up before
the supreme court in November. Mr..
Pope said his mind was running in
that way and indicated that that might
be his decision even after hearing
argument and he made the sugges-
ton to save the time Of the lawyers.
Mr.. Melton thereupon moved that
referee be appointed and that the
matter be referred to him to take tes-
timonv and report.
Mr.. Carey insisted that in his opln-
ion such proceeding was useless
and that it seemed to him that the
case would have to be heard before
Judge Pope unless the other side
abandoned their case and started
anew. As to the constitutional ques-
tons they will have to be passed upon
and the Chief Justice would have jur-
isdiction. Mr.. Carey said that he had
set forth in ahidavits in their reply
such testimony as they would have
if it went to a referee and that the
reply of the respondent was simply
All argument as to the appointment
Of managers, etc. The whole history
Of the case is set out in the papers
and a referee could do no more. He
said that they admitted that the ap-
pointment OF the managers and the
ranag of the election were all
under the direction Of the supervisor
and that he was prepared to show
by Justice Pope himself that the su
pervisor had right to do so. Mr..
Carey said that he was ready to show
that Justice Pope has held that the
managers are the sole judges Of the
qualification of voters. That after
the election it was held too late to
raise these collateral questions. Ac-
cording to his view everything vital
10 the question was stated in the pa
pers and that he admitted there were
irregularities.
Justice Pope said that it would be
a long time before he would as a
Judge hold that fraud in election is a
mere irregularity.
Mr.. Carey said that he admitted
that fraud would annul an election
but that no fraud was charged in this
case.
Mr.. Melton stated that they had
stated facts in their reply showing
fraud; that an illegal vote is not IT.
They stated that not one
fourth of the qualified electors had
signed the petitions and it matters
not how the election was held that
being condition precedent to hold
ing the election no legal election can
be held without it.
Justice Pope had his mind made up
not to hear the case but to refer it to
referee so he granted the motion of
Mr.. Melton and asked who counsel
would suggest as referee In doing
so he remarked, IF one-fourth of the
qualified electors did not sign the pc
tition it should be known"
After conference the attorneys
agreed to suggest A. J. Boggs, Esq,
Clerk of Court, OF Pickens county,
as referee and the following order
was passed