Fort Mill times. [volume] (Fort Mill, S.C.) 1892-current, 1907-11-21
ANOTHER MIDDLE.
Difficult Point Brought Before At
torney.G Lyons.
In Connection With the Laws Govern
ing New County Elections.-Nlay
Postpone Calhoun County Election.

ing New County Elections.-NIay
Postpone Calhoun County Election.
| The Columbia correspondent of
the News and Courier says an inter-
esting and difficult point has come
up In regard to the election which has
been ordered for this month on the
establishment of Calhoun County. out
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 shall 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.
1t 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, IL Is argued. makes no
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 10 another
II 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 &c
make the procedure safe the attor-
neys 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 1t
might be well .or 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 il is
TO conduct a legal election in this
State. but under the present condi-
lions it is practically impossible. for
not even the lawyers can construe the
election laws. The only way out of
he trouble, it seems. it to postpone
Legislature can meet and straighten
cut the tangle. Otherwise the election
would be illegal.
ImpoTtan Decision.
This is the summary of an inpor-
ant opinion given by Attorney Gen
'ral Lyon in response to a request
rom Governor Ansel. The opinion
IF MIR. Lyon is as follows:
Dear Sir: Your letter of the tn
instant is to hand in which you ask
ne to give my opinion as to the right
II electors. within the proposed new
ounty of Calhoun. to vote when they
re separated from their voting places
~ reason of their precinct being cut
W the proposed new county line. Ar
icle Z. section l of the constitut ution
4 1895 provides: THE governor
hall order an election within a reas-
nable time thereafter, by the quail
fed electors within the proposed
rea,' etc. Article /, section 3, o!
he constitution provides the each
lector shall vote at his own precinct
nd section 576 of the code of laws
902. volume ], provides only for
pening and conducting elections n
zach voting place within the area o.
| he old county so proposed to be
ut Off
IAN elector being prohibited by
| he constitution from voting without
| is precinct and no voting place with
| 4 his precinct and in the area Of the
| ,roposed county to be cut or hav
ng been provided by law. he has
| My bare right to vote. without the
| leans or opportunity having been
| rovided by law for its exercise.
| at Is. therefore, my opinion that
| electors so situated can not vote un-
| ess the Legislature shall deem il wise
| provide voting places in such
'ases.'
Terrible Explosion.
| Two MON ware killed and three ar