The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1909-09-08

Hon. A. W. Jones States his Position il
Reference to the Duties Of Board
canvassers in a Letter 10 Chairman 0
that Board.
News and Courier
The return Of the respondent to tht
mandamus of Judge Hydrick was Al
follows:
"The State Of South Carolina, Rich
land County, in the Supreme Court
The State Of South Carolina vs A. w
Jones, as Comptroller General of South
Carolina Petition for Mandamus.
1.-THE respondent. in answer to the
rule to show cause herein, dated Au-
gust q. 1909, and by way of return tt
the same, respectfully shows unto your
Honor:
ri. That he admits allegations Of
Paragraphs |, 2, and 4, Of the petition
herein.
"2, That your respondent alleges, in
reply to Paragraph 8. that the folloying
correspondence passed between the
respondent and the chairman of the
board:
"Columbia, S. c., August q, 1905
1.-THE Hon r. II. Jennings, Chair
man State Board of Canvassers, Co
lumbia s. C.-Dear Sir: have re-
crived the following letter from you
of this date: Three members OF board
oil State canvassers; the Hon R. M.
McCown, the Hon J. Fraser Lyon and
I, are ready to proceed with hearing
the contests and declaring the results
of the elections in the various counties
upon the question of dispensary, The
law provides that quorum Of the board
shall consist of four members, and
knowing that you are in the State
House at this time desire to be in.
formed whether you will attend the
meeting of the board In order that the
Quorum may be completed and the
duties of the board discharged In
accordance with law.
"Will you please give us an answer
In order that those members OF the
board who are present and ready to
serve may be advised whether 1t is
necessary to call upon the Lieutenant
Governor to attend under the pro-
vision of Section 225, Code Of 1902
Volume l. Yours very truly,
"R. a. jennings,
"'Chairman State Board of Canvassers
Replying to your letter Of inquiry
of to-day, in which your desire to be
informed whether I will attend meet
ing Of the board of State .canvassers In
order that the quorum may be COM
pleted and the duties of the board be
discharged in accordance with law 1
beg to say:
sent session of the board and remained
until the board by divided voted de-
clined to refuse to hear argument as
to the constitutionality oftheAct under
which the board convened. My prs.
ition is that the board convenes Only
by virtue of the Act ordering the
election, and that we have no Jur-
isdiction to consider the constitution
ality ofany Act OF the Legislature,
and especially am I Of the opinion
that wecannot declare unconstitutional
null and void, the Act by virtue OF
which alone we convened for the pur-
pose of the passing upon Its constit-
utionality.
'"If the Act under which the board
now convenes Is unconstitutional,
then the meeting is unofficial. and you
have no right to be sitting In that cap
acity nor to demand my presence.
"Whether the Act is constitutional
or not, it is not within the jurisdiction
of the board Of convassers to consider,
and any consideration OF 1t will be
purely speculative, academic and un'
official.
Under the statute law of the State
Section 226, Code of Laws, 1902, Vol.
ume l., it is our duty, upon the certi.
fled copies of the statements made by
the boards of county canvassers, pro-
ceed to make statement of the whole
number of votes given at such election
for the various officers, and for each o.
them voted for, distinguishing the
several counties in which they were
given. They shall certify such state
ments to be correct, and subscribe the
same with their proper Names
"Section 22s says: Upon such state
termine and declare what persons
have been, by the greatest number ol
votes, duly elected to such offices, OF
either of them. They shall have pow
er, and it is made their duty, as judi
cial officers to decide all cases under
protest or contest that may come before
them on appeal from the decisions oi
the county board of canvassers.'
"Under my construction of this law
and of my sense of duty, I decline te
participate in any discussion as to th'
constitutionality of the Act by which
we are required to meet and merely
declare the result of an election orderet
by said Act.
IT am present in my constitutional
capacity to canvass the votes and de
clare the election, but I am not presen
in an unconstitutional capacity Il
question and pass upon the constitution
ality of an Act of the General As.em
bly, as member of the State board o
canvassers. Yours very truly.
IA. w. Jones.
i HComptroller General"