The herald and news. [volume] (Newberry S.C.) 1903-1937, 1919-12-05
CAPITAL NEWS AND GOSSIP
(By John K. Aull.)

Columbia, Nov. 30.-The State
supreme court has finally dismissed
the Charleston election muddle, and
Mr.. John P. Grace stands as the
Democratic nominee for mayor Of
that city, The proceedings in the
court were begun at the spring term,
when the Hyde faction asked the
court to declare the executive COM
mit5ee illegally constituted. Upon
This committee the Grace faction had
g majority of one vote. This the
court refused to do. Then the pri-
mary came on the latter part Of the
Summer, and CT the face Of the re-
turrs Mayor Hyde was reelected
aver 1lr. Grace by majority Of one
vote. There was something less than
a hundred challenged woes, however,
and upon consideration CT these, the
committee declared Mr. Grace the
nominee by small majority. Then
The Hyde faction came back to court,
and upon consideration Of the
petiticns and the various matters
presented before it, the court, by a
majority opinion Of three to two, de-
clarsd the primary null and void,
and ordered another nomination.
Thereupon the city Democratic
convention was called back into ses-
sion, ard amended the rules of the
party so as to allow the executive
committee to declare a Democratic
nominee. The committee, following
this action of the convention, met on
November rs, and declared MIR. Grace
the nominee.
The Hyde faction came back to the
court, and asked that this action of
the committee be declared illegal,
under the former decision of the
court The court refused the Hyde
petition, saying in it's opinion, hand
ed down on November %:
"The present litigation, first over
the election of an executive commit
tee and then over the doings of that
committee after the primary cleo
ton, was begun at the spring term
of this court and has lasted until this
hour.
"The statute law fixes the election
of mayor and aldermen for Char
lesion to be had within eleven days
from this date. The procedure sug-.
gested by the petitioners within so
short period of time is manifestly
impossible to be accomplished. No
body will deny it.
"There is moreover a third party
to this controversy, that party is the
public of the city Of Charleston.
Further litigation is not only
brought to an end by the bar Of the
day of election, but the great public,
not concerned in the contentious of
the parties hreeto is to be preferred
to personal ambition and strife; it
calls for the end of litigation and
the ccmposure of the public mind. In
our judgment, the petition ought to
be dismissed, and it is. so ordered"
lie opinion was written by Associate
Justice Gage, and concurred in by
Chief Justice Gary and Associate
Justice Watts, Associate Justices
Hydrick and Fraser dissented.
The general election will be held
on December 9.
Mr.. Grace was mayor of Charles
ton fer four years, beginning with
1912, and ending with the year 1915.
He was defeated by Mr.. Hyde ty
narrow margin in 1915, ard il will
be recalled that at the canvass of
the votes, Governor Manning at that
time ordered the National Guard to
Charleston, and there was almost a
pitched battle in the committee
room between certain civilians there
present, in which young Sidney
Cohen, a reporter for the Charleston
Post, lost his life. Mr.. Cohen was
not engaged in the melee, but was
only present representing his paper.
Mr.. Grace will go into office this
time with a big majority of aldermen
as his supporters.