The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1908-01-15


tory, while the people are included,
as the Act does not say anything
about the manner in which the lines
shall be run, and as is true in the
Calhoun matter, the new. county
lines may be run without regard to
township lines or to the shape Of
either the old or new territory.
Following are the motion and ap-
peal which will be argued before the
State board Of canvassers:
State of South Carolina, County of
Crangeburg-In the Matter of the
Formation of the Proposed County
of Calhoun.
To Messrs. Bellinger & Welch, At
torneys for Contestees, and John
S. Bowman, Jr., Esq, Chairman
of County Board Of County Can
vassers of Election.
Please take notice that A. r. Par
ler, A. G. Smith and S. J. Smith, for
themselves and all other similarly
interested, further protesting and
contesting the validity of the said
election, will ask the State board of
canvassers to sustain the action and
judgment of the county board of
canvassers upon the following
grounds, to-wit.
The county board Of canVassers
should have declared and adjudged
the said election null and void for
the further reasons:
/. Because the said election was
not secret, but that the secrecy of
the ballot and voting was lost and
destroyed because tickets in viola
ton Of the statutes in such case
made were furnished and used in the
said election, and because the tick
cts furnished and used could not be
voted and used without disclosing
how the elector voted in said cleo
ton.
2. Because the books of registra-
ton were not opened in Cameron,
North, St. Matthews, Elloree and
other towns IN said county during
the year 1897, although said towns
contained over three hundred inhabi-
tants, whereby numerous voters, who
were opposed to the proposed new
county, were thus prevented FROM
registering, or changing and correct
ing their registration as allowed by
law, and voting in the said election
against the formation Of the said new
county.
8. Because the statutes under
which the said new county election
was held (Which deprives numerous
voters residing within the area of
the proposed new county, their vot-
ing place having been cut without
such area, from voting. upon the
question Of the formation of such
new county, although duly qualified
and registered electors) contravene
Section l of the fourteenth amend
ment of the Constitution of the
United States, and are therefore void
and unconstitutional.
4. Because Of mnay illegalities
and irregularities, to-wit: Allowing
electors to vote without proof of
payment of taxes, allowing electors
to vote who were illegally registered
allowing electors to vote when dis
franehised by conviction of infam-
Gus crimes, and others Of like kind,
the box at st. Matthews voting
place therein should have been who'll
ly rejected and thrown out, thus re-
ducing the vote in favor of the new
county By two hundred and twelve
votes, and against the new county
by two votes.
5. Because of many irregulari-
ties and illegalities in the vote and
the voting at the voting places of
Fort Motto, Cameron, Lone Star and
St. Matthews, to wit: Allowing cleo
tors to vote without proof Of the
payment OF taxes, without being
registered, after having
been disfranchised by conviction
not having paid taxes, residing with
out the election precinct where they
voted, and the like, the vote in favor
the new county would be reduced
about forty votes.
6. Because the result was chang
ed or rendered very doubtful by rea-
son of the following facts, to wit:
Electors were allowed to vote with
out proper proof of payment Of taxes
we're illegally registered, failed to
pay taxes, had been convicted of dis
qualifying offenses, resided in cleo
ion precincts other than the one in
which the vote was cast, prevented !
rom voting because while residing |
within the proposed county theil |
roting places were cut without such I
area and not opened for such cleo
ion, prevented from registering or
their registration as al
owed by law on account of the books
# registration not having been open
ID as provided by law, large number
# electors within the territory dis
outraged from voting on account of
o many being prevented from voting
nd registering. ETC., and the county
'eard Of canvassers should have so
ecided and held the election void
or these reasons also.
7. The county board of canvassers
rred, after finding as fact that
here were irregularities such as vot-
ng outside of the right precinct and
;ithout proper proof of the payment
f taxes, in not going further and
olding as matter of law that voting
inside of the right rre"iH"t 90
oting without proper proof Of pay