The herald and news. [volume] (Newberry S.C.) 1903-1937, 1917-04-20
constructing ami maintaining TIE

OF constructing AMI maintaining TIE
public roads within the said Town.
snip; and you duly appointed H4th-
ayers fer a polling precinct al "hlt-
n!iTe, and managers for polling pre-
c:nct at Beth Eden 10 hold ANA con
dutt the SAID election.
III. That the attempted election
was not MANAGED and held as 10
o,ired by the constitution and LAWS
OF tac State but taere we're lrres"-
la ties in the following particulars
"a, A great many OF the voters It
the sad election, probably maJo; =
X III :Iem. we're not required by IT,
mana gers to produce. and did NOT
.nroG2ce. registration certificates evi-
Gencing that they we're qualified cleo
tors: (b) none Of the voters at the
said election we're required to pro-
duce. and none of them did produce,
uroof OF the payment OF taxes Tor the
preceding year, as required oy law
". The petitioners ask your at
tentlon to the afffdavits OF }. {. Dun
can. ]. B. Baker. D. L. Mccullough
J. c. Seymore, H. P. Baker, and ". II.
Counts, hereto attached, In support
of the allegation that the election
was improperly and illegally conduct
ed as set forth in the preceding para
graph.
". That they are Informed tnat you
have received the returns OF the sara
attempted election from the manas-
ers, and that on Tuesday, April IL,
at ten o'clock in the forenoon, 1t ls
YOUR purpose to canvass the returns
and declare the result of the election.
WHEREFORE, they respectfully
ask:
!. That before canvassing the re-
turns of the managers and declaring
the result of the attempted election
YOU consider the affldavlts attacned
to this petition. that you give the Pc
titioners the opportunity to offer fur
ther testimony in support OF the aile-
cations of this petition, and that you
notify the managers of election TO De
present in order that they may have
an opportunity to answer and reoul
the allegation of this petition II they
are so advised.
9. That you declare the said al
tempted election invalid and VOID, Oh
the ground that the voters were not
REQUIRED to produce, and did not pro-
duce. registration certificates and
proof of payment of taxes, as requlf-
ed by the constitution and laws OF
this State
GEO. B. CROMER,
3. V. CHAPMAN,
Petitioners Attorneys.
Mr.. H. H. Blease read the demurrer.
The Demurrer.
STATE OF SOUTH CAROLINA.
COUNTY OF NEWBERRY,
OFFICE OF COUNTY SUPERNlS-
OR.
Ex parte,
calvin K. Baker, James c. Duncan,
]. B. Baker, D. l.. Mccullough, ).
C. Seymore, C. II. Shannon. ). q.
Cromer, C. N. Folk, S. ". Derrick
r p Carlisle, G. F. Abrams, c. 5.
Suber. W. ". Wicker, and other
taxpayers OF Cromer Township.
Petitioners.
In re,
Bond Election in Cromer township
April 9, 1917.
DEMURRER.
To the Honorable James c. Sample
Countv Supervisor Of NeWberry
County:
H. M. Miller. w. c. Rasor and W.
A Andrews, Managers of the WHIT
mire BOX in said election, and other
taxpayers Of Cromer township, in fay-
or of the issuing of bonds in accord
ance with an Act of the Legislature
Number 277, approved February 20
1917, and who are in faVor or up
holding said election.
These contestees demur to the Pc
tition filed herein upon the following
grounds:
First: Because the Honorable
lanes c. Sample, as Supervisor, un-
der said Act, is without authority 10
hear and determine this protest and
contest.
Under the Act aforesaid, authorizing
the l. Ading Of said election, the salo
su,eryisor Is only made q minister
ial officer; he is not clothed with any
judicial authority or .-oWer and tnat
the only power he HIS. under SAID
Act. is to declare the result OF sa1o
election.
Second: Because the said petition
does not set forth facts sufficient to
Justify the Honorable Supervisor "
declare said election illegal and ve1a'
It will be observed that there Is NJ
allegation OF fraud or corruption ID
the conduct of said election; there Is
,11aoation that by reason OF the