The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1908-01-07
NULL AND. VOID.
Calhoun County Election So De-
eIaFed by Election Commission.
GO TO STATE BOARD. RI:

,eFs OF Orangeburg County IMAM
mously Declare Recent Election
to Establish Calhoun County Null
and Void, Because Many Qualified
Electors We're Not Allowed to Vote
The Board of Election Commis-
sioners for County and State elec-
stions of Orangeburg County de-
e,ared the late election to establish
Calhoun County null and void on
last Thursday. The board. which
is composed OF Messrs. John S.
Bowman, w. Brooks Fogle and T. ].
Hart, ali 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 We'd
nesday night about o'clock, after
all the witnesses had been examined
and carefully went over the testi-
mony and the many legal points in
volved before arriving at their de-
cision, which was announced at two
o'clock Thursday.
The members of the Board of.
C Commissioners are among our best
people. Mr.. Bowman is member
of the Orangeburg Bar and both
Messrs. Fogle end Hart are well-to-
do farmers. Mr.. Hart lives in the
Tower 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 of the Board Of Com
missioners, which is signed by every
member of the Board Of Commits
sioners. It has been filed with the
Clerk Of Court who will forward il
Immediately to Governor Ansel:
I'VE 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 find that there
esss4eftft51shef such, irreguiari-
ties to change the result Of this cleo
tion.
"Ws further find that about G5
or more qualified electors residing
within the area of the proposed new
County Of Calhoun, including por-
.tions Of Orange, Goodbys and Pop
Tar townships, were deprived Of the
right TO vote in this
election, as the said electors are res
iidents 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 in 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 ques-
tions in which they were directly in
terested, as guaranteed under the
law.
1t will be noticed that the Board
of Commissioners sustains the con-
tention of the Orangeburg Times and
Democrat that no white Democrat,
whether for or against the new
county, should be deprived OF his
right to vote on 4 matter that so
yitally concerns him. The Times and
Democrat has made gallant tight
Hor these disfranchised Democrats
mentioned by the Board Of Commis-
sioners, and it naturally feels elated
on beng sustained by the intelligent
gentlemen composing it.
An appeal will be taken to the
State Board of Elections by the pro-
moters of the new county. However
th.t 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 the matter
settled once for all whether man
can be deprived of his right to vote
by an unconstitutional law passed by
the Legislature.
When he learned Of the decision
OF the Board of Commissioners Mr..
Welch, attorney for the new county
promoters, stated that the only sur
prise was that the decision was un-
animous, the new county promoters
expecting t. have at least one vote.
He also said that different story
would be heard after the State
hoard reviewed. the case