The herald and news. [volume] (Newberry S.C.) 1903-1937, 1919-11-14
SUPREME COURT
RULES GRACE OUT
Orders That There Has Been No
Election in Charleston-Watts
Files Dissenting Opinion.

! &c RECORD, NOV. H.
The Gup.cme Court CT South
Carolina by a majority opinion to-
day declared that the result of the
election held in Charleston for
or had not been legally ascer-
tanned and declared that the actions
Of the executive committee in at
tempting to do so were affected by
errors of law prejudicial to the
petitioner, Hyde, and must be set
aside and it is so adjudged." The
decision was handed down about l :
20 O'Clock Tuesday morning and the
judicial 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 T. B. Fraser. There was dis
senting opinion filed by Associate
Justice R. C. Watts and concurred
in by Associate Justice George w.
Gage.
The majority opinion holds that
the executive committee erred in re-
ferring the challenged votes to a
committee on canvass with power to
act. 1t also holds that the executive
committee erred in refusing to con-
slider the alleged mutilated ballots.
"The difference in the votes between
the candidates for mayor" it says,
was so small that a proper decision
as those ballots might have changed
the result"
The decision of the court sets at
nought the action Of the Grace-con-
trolled executive committee in de-
claring Grace the nominee. The re-
suit of the primary election as first
declared gave Hyde a 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 ever known.
The opinion of the court holds
that the executive committee in
Charleston acted illegally in refer
ring the contested election ballots
to a subcommittee on canvas, with
power to act. Such power can not
be delegated, 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.
The court also holds that the exc
cutive committee erred in not con-
sidering the alleged mutilated bal
lots. The committee threw out GER
tain ballots that had been scratched
with pen and ink and on which it
was alleged that the scratching show
ed through the paper. These should
have been properly examined, the
court holds.
The concluding words of tn,
courts opinion are as follows: From
va has been said, it is clear that
we can not determine from the re-
cord before us which of the candi-
dates for mayor received the major
ity of the votes that were and ought
to have been counted. We can not
therefore sustain the contention Of
IT,, petitioners that the court will
consider the votes and declare the
election, nor can we sustain the con-
tention that in the absence of a
declaration of the executive count
of the managers should be sustained
Us ! uscla,ation of the result.
Under the rules the managers
were not authorized to declare the
result. That was for the executive
committee and it has not done so
according to law. 1t follows that all
that we can do is to hold that the
result of the election has not been
legally ascertained and declared and
that the actions of the executive COM
mittee in attempting to do so were
afected sv errors of law, prejudicial
to the petitioner, Hyde, and must be
set aside and it is so adjudged."
This means that there will have to
be another election for mayor in
Chacssstnn. The court simply nulll-
ssscs the action of the executive COM
mittee in declaring Grace elected.
Associate Justice Watts filed
dissenting opinion, in which he held
that mo errors of law had been COM
mitted and the proceedings should be
dismissed" IF the majority of the