The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1907-11-20
ANOTHER MUDDLE.
Difficult Point Brought Before A.
torney-GenereI Lyons.

In Connection With the Laws Cover,
ing New County Elections.-NIa
Postpone Calhoun County Election.
! The Columbia correspondent O
the News and Courier says an inter
esting and difficult point has com
up in regard to the election which ha
been ordered for this month on th,
esta ablishment of Calhoun County. ou
Of portions OF Orangeburg and Lex
ington counties.
There is a conflict in the laws gov.
erning the holding OF elections on
new counties in that it is provided
in the Constitution that when an
election is ordered all the qualified
electors within the proposed new
county shalt hav the right to vote
whereas 1t is provided in the statutes
that the county board of election
commissioners shall appoint mana
gers for those voting precincts within
the prescribed territory
It so happens that some of the
qualified electors residing in the ter
ritory are registered at precincts
which are outside the territory, and
the question arises whether or not
these electors can vote. and if So,
where. The Constitution clearly
states that they are entitled to vote,
as the resi- dewithin the territory. but
the statute, it is argued, makes 40
provision for the holding Of the cleo
ton except at the boxes within the
territory, and an elector can vote only
at the precinct where he is register
ed.
An elector may change his regis
tration from one precinct to another
If he has changed his residence. but
this has to be done by applying to
the registration supervisors on one
of the days when their Office is open.
The questions outlined, along with
others, were propounded by the new
county advocates to their attorneys,
Bellinger' & Welch, and in order to
make the procedure safe the attor-
oeys have asked the Attorney General
for an Interpretation Of the law.
This condition again brings to the
front the uncertainty which exists.
and the degree of ambiguity in the
election laws, and suggests that it
might be well for the General Assem-
bly, to instruct the judiciary commit,
tees of the two houses to take the
election laws into consideration and
report back bill or bills. which will
so amend the laws as to make them
consistent and plain.
It ought not to be difficult as it is
10 conduct legal election IN this
State. but under the present condi
sions it is practically impossible, fo'
not even the lawyers can construe the
election laws. The only way out Of
the trouble. it seems, it to postpone
the election il Calhoun until the
LEGISLATURE can meet and straighten
ont the tangle. Otherwise the election
would be illegal.
Importan Decision.
This is the summary Of an iapor-
tant opinion given by Attorney Cen
eral Lyon in response to request
from Governor Ansel. The opinion
Of aIr. Lyon is as follows:
Dear Sir: Your letter Of the llth
instant is to hand in which you ask
me to give my opinion as to the right
Of electors, within the proposed new
county of Calhoun, to vote when they
are separated from their voting places
by reason Of their precinct being cut
by the proposed new county line. Ar
ticle {, section of the constitution
of 1895 provides: The governor
shall order an election within reas-
enable time thereafter. by the quail
fled electors within the proposed
area. etc. Article II. section ., CT
the constitution provides the each
eIector shall vote at his own preclnc'
and section SIS Of the code of laws,
1902, volume l, provides only TOR
ooening and conducting elections al
each voting place within the area OF
she old county so proposed to De
cnt off
can e.ector being prohibited by
the constitution from voting without
his precinct and no voting place with
in his precinct and in the area OF the
proposed county to be cut of haV-
ing been provided by law. ne mas
,nlv bare right to vote, without the
means or opportunity having been
.,royided by law for it's exercise
att is. therefore. my opinion sna'
electors so situated can not vote IN
ass r., legislature shall deem it wise
q provide voting places IN snci
cases.
TAKEN FROM NINE.
,soe Marvellous Rescue in History OF