The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1908-01-08
Null And VOID.
Calhoun County EIsctioa So De.
clarsd by Election Commission.
GO TO STATE BOARD.

The Board Of Election Commission
ers Of Cranseburg County Cnani
mously Declare Recent Election
to Establish Calhoun County Null
and Void, Because Many Qualified
Electors Were Not Allowed to
Vote.
The Board of Election Commis-
sioners for County and State cleo
tions OF Orangeburg County de-
clared the late election to establish
Calhoun County null and void on
last Thursday. The board, which
is composed Of Messrs. John S.
Bowman, ". Brooks Fogls and T. ].
Hart, all good and true men, was
unanimous in their decision.
The hearing Of the case consumed
all of Tuesday and Wednesday, and
much testimony was taken. The
commissioners took the case Wed
nesday night about s o'clock, after
all the witnesses had been examined
and carefully went over the testl.
mony and the many legal points in
vol7ed before arriving at their de-
cision, which was announced at two
o'clock Thursday.
The mem bers of the Board Of
Commissioners are among our best
people. Mr.. Bowman is q member
Of the Orangeburg Bar and both
Messrs. Fogle and Hart are well-to-
90 farmers. Mr.. Hart lives in the
lower section Of the county near the
Berkely line and Mr.. Fogle lives in
the proposed territory Of Calhoun
County and is said to favor the new
county.
The following Is the full text Of
the decision oe the Board Of Com
missioners. which is signed BY every
member Of the Board OF Commis-
sioners. It has been 6led with the
Clerk of Court who will forward it
Immediately to Governor Ansel:
eve find some irregularities in
several boxes, such as voting out
side Of right precincts, not demand
ing proper proof Of payment Of
taxes, etc., but We End that there
are not enough Of such irresulaci-
ties to change the result Of this cleo
ton.
1--WE further find that about e5
or more qualified electors residing
within the area of the proposed new
County Of Calhoun, including por-
tions of Orange, Goodbys and Pop
lar townships, were deprived Of the
constitutional right to vote in this
election, as the said electors are res
idents of the proposed new county
while their voting places are with
out; and the Act of the Legislature
relating to the formation Of new
counties does not provide the means
or the opportunity to vote in such
cases.
eve, therefore, find that il de-
priving these qualified voters Of the
right to vote the constitutional pro
vision has been violated, and on this
ground we do hereby declare this
election null and void
All questions of fact were decided
in favor of the new county, the one
point upon which the election was
declared null and void being the
disfranchisment Of voters within the
new county lines whose precincts
were outside, thereby depriving them
of xercising their right Of suffrage
Chairman Bowman stated that the
board was Of the opinion that the
Act passed by the Legislature gov
erning the formation Of new counties
was Unconstitutional in that it
made no provision for those electors
who were separated from their pre-
cincts to cast their ballots on cues
tons in which they were directly in
terested, as guaranteed under the
law.
It will be noticed that the Board
of Commissioners sustains the coz
tention Of the Crangeburg Times and
Democrat that no white Democrat.
whether for or against the new
county, should be deprived Of his
right to vote on matter that 80
vitallv concerns him. The Times and
Democrat has made gallant Ssht
for these disfranchised Democrats
mentioned by the Board of ConmIs-
sioners. and it naturally feels elated
on being sustained by the intelligent
gentlemen composing it.
An appeal will be taken to the
State Board Of Elections by the pro
noters Of the new county. aoweve!
that Board may decide the matter,
it will be taken to the State Supreme
Court and possibly to the United
States Supreme Court, as both sides
are determined to have tbs matte.
settled once for all whether a man
can be deprived Of his right to vote
by an unconstitutional law passed b.
the Legislature.
When he learned Of the decision
Of the Board OF Commissioners Ar
Welch, attorney for the new county
promoters, stated that the Only SUI
prise was that the decision was IN
animous, the new county promoters
expecting to have at least one vote.
He also said that a different story
would be heard after the State
board reviewed the case.
Col. D. o. Herbert and ". c. Wolfe
Esq, who has fought manfuEy for
the disfranchised Democrats are
gratifed that the county board has
sustained their contention, which