The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1919-11-26
COURT
RULES GRACE OUT

senting Opinion.
The Supreme Court of South Caro-
lima by a majority opinion today de-
clared that the result Of the election
held in Charleston for mayor "had not
been legally ascertaincd and declared
that the actions Of the executive COM
mittee in attempting to do so were af-
fected by errors OF law prcjudicial to
the petitioner, Hyde, and must be set
aside and it is SO adjudgcd." The
decision was handed down about 1920
o'clock Tuesday morning and the ju-
dicial determination OF the court is
that the election for mayor was null
and void
The majority opinion was written
by Associate Justice S. e. Hydrick |
and concurred in by Chief Justice
Eugene b. Gary and Associate JUS
tice II. B. Fraser. There was dis
senting opinion filed by Associate
Justice r. c. Watts and concurrcd in
by Associate Justice George W. Gage.
The majority opinion holds that
the executive committee erred in re-
ferring the challenged votes to a
committe on canvass with power to
act. 1t also holds that the executive
committee erred in refusing to con-
slider the alleged mutilated ballots.
"Thc difference in the votes between
the candidates for mayor" 1t says,
was so small that proper decision
as to those ballots might have changed
the result
The decision Of the court sets al
nought the action Of the Gracc-cOn-
trolled executive committee in de-
claring Grace the nominee. The re-
suit Of the primary election as first
declared gave Hyde majority Of one
vote.
Seven thousand votes were cast in
the Charleston election and it was
one Of the hottest election cam
paigns the state has even known.
The opinion OF the court holds
that the executive committee in
Charleston acted Illegally in refer
ring the contested elction ballots to
a sub committee on canvas, with pow
Ell to act. Such power cannot be del
egatcd, the court holds. The court
also holds that the committee had no
right to amend the election rules and
that it should have acted under rules
adopted prior to the election.
olc bN1I hot
cutive committee erred in not con
4idering the alleged mutilated ballots
The committee threw out certain bal
lots that had been scratched with pei
and ink and on which it was alleget
that the scratching showed througl
the Dapcr. These should have beer
properly examined, the court holds.
Tho concluding words of tn
courts opinion arc as follows: "Fror
what has been said, it is clear tina
we can not determine from the re
cord before us which Of the candidate
for mayor received the majority OF tn
votes that were and ought to hav
i been counted. We can not lhcrelol
4 sustsain the contention Of the petltloi
i ers that the court will consider III
a votes and declare the election, nc
i can we sustain the contention that
"A thc absence OF declaration OF II
"a oxecutiye count of the manager
q should be sustained as declaration
4 the result.
Under the rules the managers we
n not authorized to declare the rcsu
That was for the executive comm't'
q and it has not done so according
law. 1t follows that all that we ca
"A do Is 10 hold that the result or q
election has not been Legally ascc
tanned and declared and that the a
H tions OF the executive committee III
d ton,ntinp 10 do so were affected by
a ror OF law, prcjudicial to the pe'l''o
~ or HYDE, and must be set aside a
a3 it is so adjudgcd.'
This means that there VIII nave
81 he another election for mayor
# charlcston. The court simply hol
A8 fae The action Of the executive co
g ,,ittce in declaring Grace elected
s3 Associate Justice Watts MED
dissenting opinion, in which he nj
s3 that no errors of law had been co
PA mitted and the proceedings should
dismissed." IF the majority or
ED o,r, had agreed with Justice wa