The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1908-01-10
THE FIGHT GOES ON.
Dlsfranehissd Democrats win
Contend for Their Rights to

GUlGlSllu GOt llleh NlSalIS "
Exercise Their Constitutional Peroga-
tive to Vote ON All Questions At
fecting Them and Their Property.
The county board, in reporting its
finding, stated that there was evil
dence OF irregularities in the con-
duct of the election, such as voters
being allowed to vote at precincts
where they were not registered and
being allowed to vote without proper
proof of having paid taxes. but that
there were not enough of such ir-
Irregularities to have changed the re-
suit of the election. The attorneys
for the disfranchised voters contend
that the question of numbers does
not enter into the matter at all, and
that the boxes in which such irreg-
uIarsties occurred should be thrown
out, thereby changing the result ma
terially.
The Orangeburg correspondent of
The News and Courier points out
that under the Act governing the
formation of new counties it is pos
sible to so run the lines Of pro-
posed new county that one voting
place can control the entire election;
in other words, every precinct but
one can be left out of the new terri
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
Orangeburg-In the Matter of the
pE. 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
Ter, A. c. Smith and S. ]. Smith, for
themselves and all other similarly
interested. further protesting and
contest;ng 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:
1. Because the said election was
not secret, but that the secrecy of
the ballot and voting was lost and
destroyed because tickets in viola
tion 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
jion.,
2. Because the books of registra-
tion were not opened in Cameron,
North, st. Matthews, Elloree and
other towns in said county during
the year 1907, 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.
3. 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 arec. .iom voting upon the
questi III of the formation Of. such
new county, although duly qualified
and registered electors) contravene
Section / 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
franchised by conviction OF infam-
Gus crimes, and others of like kind,
the box at ST. Matthew's voting
place therein should have been Who'll
" 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
properly registered, after having
been disfranchised by conviction,
1,,,;,,r ,,;J with