The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1909-09-01

question of dspensary or no dispen-
sary. The law provides that a quo
rum of the board shall consist of four
members, and knowing that you are
in the State house at this time. desire
to be informed whether you will at
tend the meeting of the board in or
der that the quorum may be COM
pleted and the duties of the board dis:
charged 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 it is
necessary to call upon the lieutenant
governor to attend under the pro-
vision of section 225, code of 1902,
volume II"
Replying to your letter in inquiry
of today, in which you desire to be
informed whether 1 will attend meet
ing Of the Board of State Canvassers
in order that the quorum may be
completed and the duties of the board
be discharged in accordance with
| law, I beg to say:
THAT I was present during the
present session of the board and re-
msined until the board by a divided
vote declined to refuse to hear argu-
| ment as to the cOnstitutionality Of the
act under which the board convened.
My position is that the board con-
| veres cnly by virtue of the at ,or-
dering the election and that we have
no jurisdiction to consider the consti-
tutionality of any act of the legisla-
ture, and especially am 1 of the opin-
ion that we can not declare uncon-
stitutional, null and void the act by
virtue of which alone we convened for
the purpose of passing upon it's con-
stitutionality
IF the act under which the board
/ now convenes is unconstitutional, then
the meeting is unofficial and you have
no right to be sittig in that capacity
or to demand my presence.
Whether the act is constitutional
or not. it is not within the Jurisdiction
of the Board Of Canvassers to consid-
er. and any consideration of it will
be purely speculative, academic and
unofficial.
Under the statute law of the State,
section 22S, code of laws 1902, vol
ume 1, it is our duty, upon the eer-
titled copies of the statements made
by the boards of county canvassers, to
proceed to make a statement of the
whole number of votes given at such
election for the various officers and
for each of them voted for, disting-
uishing the several counties in which
they were given. They shall certify
such statements to be correct, and
subscribe the same with their proper
Names
Section 22S says: Upon such state
ments hey shall then proceed to de-
termine and declare what persons
have been, by the greatest number of
votes, duly elected to such offices. or
either of them. They shall have pow
er, and it is made their duty, as ju-
dicial officers to decide all cases un-
der protest or contest that may come |
before them on appeal from the de- |
cisions of the county board of can.
vassers'
Under my construction of this law,
and Of my sense Of duty, decline to |
participate in any discussion as to the |
constitutionality of the act by which |
we are required to meet and merely |
declare the result of an election or |
dered by said act.
II am present in my constitutional |
capacity to canvass the votes and de-
clare the result Of the election, but /
am not present in an unconstitutional |
capacity to question and pass upon |
the constitutionality of a act of the |
general assembly as a member of the |
State Board of Canvassers."
All during the wrangle the men,
bers of board had acted pleasantly |
towards each other although at times |
there were some serious moments. Mr.. |
Jones read his formal reply given |
above and just few minutes later |
as served with tho Order of y,oon
damus by the sheriff. There was some |
laughter and Mr.. Jones took the pa
per.
Then Capt. Jennings, who had been
restive for some time and wanted to !
get down to business, resigned the
chair. He said he was tired of pre-