The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1909-08-28
D|sPENsAR|Es STILL CLOSED.
STATE BOARD OF CANVASSERS
BLOCKED BY CONTEST.
constitutional Question Raised by j.
Il. Grace OF Charleston Prevents
Declaration Of Result of Election
Case Will Probably Get Into Courts.

~ VIZ" AHOuuDiy uct lntO OOurtS.
Columbia, Aug. 27.-The dispen-
saries will not open today as was gen.
orally anticipated. The State Board
of Canvassers is tied up on the pro-
test from Charleston which involves
the right of this board to pass on the
constitutionality of the act, providing
for this election, and there is a tie
vote on the proposition.
When the board met yesterday
morning there were present State
Treasurer Jennings. who acted as
chairman. Secretary Of State McCown,
who acted az secretary, and Attorney
General Lyon and Comptroller Gen.
eral Jones. Adjutant General Boyd
and X. p. Smith. the chairman of the
committee on privileges and elections
OF the house of representatives, were
absent Representing Georgetown
were Senator Walker and Represent.
atives Sawyer and Doar and Attorney
Wilcox Of Florence. who appeared
before the Georgetown board for Mr..
Walker, who has been absent on ac-
count of Ill health. Representing
Charleston was Mr.. H. w. Connor, a
member Of the election board, and
representing Thos. M. Jellico. who
wants to raise point about the con-
stitutionality Of the act, was Mr.. j.
p. Grace. The Richland board was
represented by Mr.. H.. A. Gibbes and
the prohibitionists In this county by
Mr. d. w. Robinson.
All Of the sworn returns were filed
with the secretary of state except
Williamsburg, Florence and Aiken.
The last two counties have asked for
a special hearing next Tuesday. 1t
was decided by the board to take up
the Georgetown case first, but aNletter
was read from Mr.. Walter Hazard,
representing the prohibitionists, ask
ing the hearing be postponed until
Monday. To this Messrs. Walker and
Wilcox objected. Mr.. Walker said
that the notice of appeal had been
served on him the day before and no
notice of postponement was then
asked. He wished to state, as he
would state to Mr.. Hazard. were he
present. that no notice Of any protest
had been filed and he did not think
1t right to call off the case until Mon
day. After some discussion by the
board it was decided to telegraph Mr..
Hazard that the ease 1wotitf-tJe called
this morning. Mr.. Hazard later re-
piled that he would be present, and
the case will come up as soon as the
Charleston case is disposed OF. by the
board.
) Concerning the Richland contest.
Mr.. ID. w. Robinson filed a formal de-
murrer to the findings of the county
board which sustained the election for
the dispensary. Mr.. Robinson said
that he would make no oral argument
but wished to put on record that the
county board erred in its findings.
That the board Is divided on the;
right to hear constitutional question
involving Its Jurisdiction was shown
when the Charleston protest was
brought up for. consideration. Messrs.
Jones and Jennings held that the
board had no right to pass upon the
constitutionality of the act providing
for the election. and Messrs. Lyon and
McCown held that the board had this
right because Of It's judicial powers.
Mr.. j. p. Grace. who appears for
Jeilico. has had the case before the
Supreme Court in an effort to stop
the election. The fourt refused to do
this but Mr.. Grace says that this was
In the line of previous decisions, the
courts holding that the elections
should not be stopped, and he Is sat-
isied that the act will be declared un-
constitutional when its merits are con-
sidered. Therefore he held that the
board had no Jurisdiction to pass
upon the case. although the board
had the right to declare the result.
Mr.. Connor held the opposite view
and argued for an immediate decis-
Ion. The resolution of Comptroller
General Jones to the effect that the
board has no right to pass upon the
constitutional question raised was lost
on tie vote. The board will take
up this question this morning and af-
terwards will dispose Of the Richland
and Georgetown cases. Until they are
ohicially decided the dispensaries will
remain closed. AS the decision of the
board in the Charleston case affects
the other counties all interested in