Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1912-09-06
NO ELECTION YET.
Continued from Page .One).
Tompkins and w. H. Townsend, in re

He admits what Is stated In para
graphs one and two OF said paper
which in substance is that the said Ira
B. Jones Is resident and qualified
voter of the state of South Carolina
under the laws Of said state and the
constitution and rules Of the Demo
cratic party in said state, and that
he was a candidate for the office OF
governor at said primary election
along with the respondent and John
T. Duncan.
He denies the statement made IN
the third paragraph Of said paper
called Notice of Contest and AYERS
that, II any frauds were committed
and illegal practices INDUCED in, they
were committed and practiced by the
supporters and sympathizers Of the
said Jones, and resulted In the in
crease in the vote for him, and in no
way affected the vote OF the quail
fed voters in said counties which re-
spondent received, and do not In any
way affect the return made by the
managers Of election and certified to
by the executive committee In said
counties as having been cast for him,
which said number Of votes 80 cast
and received by this respondent, were
all votes Of duly qualified voters un-
constitution and rules Of the. Demo-
cratic party of the state, and was the
free and fair expression Of the will
of the majority Of the voters In said
election in said counties, and repre-
sents the expression Of the will of
the majority of the Democratic vot-
ers, duly qualified and entitled to vote
who participated In said election.
Right of Jurisdiction.
1.-THE said Cole l. Blease, replying
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
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 1t 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 obtec-
tion or protest, nor does 1t appear. that
said executive committee have first
heard and determined the same OF
that there Is any appeal from the de-
termination of said executive COM
mittees to the state executive COM
mittee. That in and by the sixth ar
ticle Of the constitution Of the Demo
cratic party, adopted May Is, 1912. II
Is prescribed that the state executive
committee shall meet on the Friday
after each primary or such other
time as may be designated by the
chairman to canvass the vote and de-
10 on -
ficers, congressman, solicitors and
United States senator's. All contests
for all nominations, including county
officers, at primary elections shall be
heard first by the county executive
committee of the county in which such
Irregularities may have occurred, and
may be reviewed by the state execu-
tive committee, whose action shall be
final.
"That in and by section seven, OF
the rules governing the membership
etc., and the conduct Of primary elec-
tions in the Democratic party In South
Carolina, adopted May 15. 1912, 1t Is
provided as follows: The state ex-
ecutive committee shall hear and de.
eide protests and contests for United
States senators, state officers, con-
gressmen and solicitors, and three
days shall be allowed for the filing
Of the same after the decision OF
county executive committees
Rules Complied With.
"It Is respectfully submitted that II
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, falling to show that the con-
stitution Of the party has been COM
piled with, 1t 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
filing contests against any election
held under the primary election laws
of the state and this respondent de-
mands and requires II he Is to answer
the same that they may be made
more definite and particular, and
comply with the reasonable require
ments under the law to put this re-
spondent upon 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:
"1) AS to (a) this respondent de-
nies the same, but assuming what is
therein contained to be true says that
this ground does not declare nor set
out how many voters were allowed to
vote who were not Of the age of FL
years and not entitled on account
thereof to vote at said election, nor
at what precincts in said counties the
same were allowed to vote. 1t does
not show whether the number so
voting had voted for the respondent
or for said Jones, and in what respect
the election was affected thereby, or
that such illegal votes could Tot be
purged from the returns and proper
ascertainment made of the legal
votes cast in said counties.
Grounds insufficient.
"(2) AS to (b) this respondent de-
nies the same, but assuming 1t to be
true, he submits that the same Is in
sufficient, and Is not supported by any
definite allegations as to the number
Of ballots unlawfully counted and re-
turned in said counties, at what pre-
cincts they were cast, or for whom
they were cast, or whether 1t was
doubtful as to whom the Illegal bal
lots were counted for. nor does It
aver that the said ballots so counted
and returned could have been taken
or purged from the count in said elec-
tion in said counties. and q true as
certainment Of the legal vote made In
said election or that the number Of
said ballots would In any way affect
the result Of the election In said
counties.
"(3) as to (c), this respondent sub
mits thai the same Is insufficient and
does not afford any ground to vitiate
h. al fo on hnyu