The herald and news. [volume] (Newberry S.C.) 1903-1937, 1912-09-06

to the said notice. submits that the
said Jones is not entitled to call into
question or to deny the result of the
election in said counties, nor has the
State executive committee jurisdic-
ton to hear and determine any ques-
ton contained in and submitted to
them by said paper or notice of con-
test for the reason that it does not
appear by any allegation or statement
contained therein that there. was any
notice of contest served upon this re-
spondent before the executive COM
mittees of the several counties named
in said paper, or grounds of objec-
ton or protest, nor does it appear that
said executive committees have first
heard and determined the same or
that there is any appeal from the de-
termination of said executive commit
tees to the State executive commit
tee. That in and by the sixth article
of the constitution of the Democratic
party, adopted May Is, 1912, it is pre-
scribed that the State executive COM
mittee shall meet on the Friday after
each primary or such other time as
may be designated by the chairman
to canvass the vote and declare the
result as to all State officers, con-
gressmen, solicitors and United States
senators. All contests for all nomina-
tons, including county officers, at pri-
mary elections shall be heard first by
the county executive committee of the
county in which such irregularities
may have occurred, and may be re-
viewed by the State executive commit
tee, whose action shall be final.
THAT in and by section seven, of
the rules governing the membership,
etc., and the conduct of primary cleo
tions in the Democratic party in South
Carolina, adopted May Is, 1912, it is
provided as follows: The State ex-
ecutive committee shall hear and de-
eide protests and contests for United
States senator's, State officers, con-
gressmen and solicitors, and three
days shall be allowed for the fling
of the same after the decision of coun-
ty executive committees
Rules Compiled With.
at is respectfully submitted that 1t
is manifest from these provisions Of
the constitution and rules of the party
that there must be- contests for the
nomination of governor at the pri-
mary election made and heard first
by the county executive committees
of the county in which such Irregular
tiles are claimed to have occurred
and that thereafter within three days
of the decision of the said county ex-
ecutive committees, protest against
their decision must be made to the
State executive committee, who shall
review and determine the same, and
whose action thereon shall be final.
"The said notice of contest and al
legations and grounds therein con-
tained, failing to show that the con-
stitution of the party has been COM
piled with, it is respectfully submit
ted that this executive committee has
no jurisdiction to interfere with the
result of the election as declared by
the county executive committees. in
the counties named in said notice Of
contest.
"This respondent further replying
to the said notice, submits that the
grounds therein stated are defective,
insufficient and do not warrant any
interference by the committee with
the result of the election held in said
counties; that the said grounds are
too general and indefinite, and do not
comply with the requirements Of rea-
sonable and proper notice, required in
fling contests against any election
held under the primary election laws
of the State and this respondent de-
mands and requires if he is to answer
the same that they may be made more
definite and particular, and comply
with the reasonable requirements un-
der the law to put this respondent up
on notice as to what he is to meet or
the issue that he has to join in.
with regard to the grounds stated
in said notice, this respondent says: