The herald and news. [volume] (Newberry S.C.) 1903-1937, 1920-09-07
VOTE FOR w. A. COUNTS
TO BE CONTESTED
Failed to File Expense Account Day
Following Election-Had No Ex-
pense and Thought No Report
Had to Be Made.

pense and thought NO NePoTe
Had to Be Made.
Whe,, the executive committee
met on Thursday it was found that
Mr.. W. A.. Counts, candidate for
the legislature and who had second
place in the number Of votes cast,
had failed to file an expense account.
He was under the impression that
where he had no expense there was
mo- account and he could not file one.
But it is required that statement
be filed that there was no expense.
The committee took recess and
gave Mr.. Counts opportunity to tlle
the statement before declaring the
result for county officers. When the
committee met after the recess Mr..
n. H. Blease appeared for Mr.. H. H.
Evans and stated that he desired for
his client to contest the vote cast for
Mr.. Counts. The dommittee de-
clared Mr.. Counts a nominee, Mr.. E.
s. Blease, a member of the commit
tee. stating that decision OF the
SUPREME court sustained such action
in a similar case some years ago.
Mr. Evans has notified Mr.. Counts
and sent copy to Chairman Hunter
that he would appeal to the state
committee which meets in Columbia
Tuesday. The county committee has
not passed on the case further than
to declare Mr.. Counts the nominee.
For the information Of the readers
The Herald and eNws quotes in full
the opinion of the supreme court re-
ferred to by Mr. E. S. Biease and
gives the full text as the opinion is
brief. The case came up from Cal
houn county and was heard at the
April term of the supreme court in
1910. .
Mclaughlin VS.. zeigler.
/. Observation-Disclosures OF
protest and contest of primary cleo
ton must be served on respondent.
2. Primary Elections-Under the
provisions Of the act, "a Stat, 949,
requiring candidate in a primary
election to make a pledge that he
would render under oath immediate
" after the election an itemized
statement of all further moneys
spent or provided by him IN said cleo
stion, a statement filed OIL the second
day after the election that he had
spent no further. money, held suf-
fcient. =
Mr.. Justice Woods dissents.
Petition in the original jurisdiction
Of this court by T. J. Mclaughlin for
writ Of certiorari against J. L.
Zeigler and state executive commit
tee.
Mclaughlin and Zeigler were both
candidates for supervisor IN Cal
houn county. Mclaughlin contested
the election Of zeigler on the
ground that he had not filed in time
after the election a sworn statement
Of further moneys spent or provided
in said election. The statement was
sworn to and filed onsSeptember 1st
at 2:55 p. m. after the election on
August 30th. It was to the effect
that no further moneys had been
spent by him. The statute requires
the following pledge:
81 hereby pledge that l will not
give nor spend money, or use intoxi-
eating liquors for the purpose of OBJ
tanning or influencing votes, and that
shall, at the conclusion Of the cam
paign and before the primary cleo
tions, render to the clerk Of the
court or (secretary of state as here
inbefore provided) under oath, an
itemized statement of all money
spent or provided by me during the
campaign for campaign purposes up
to that time, and I further pledge
that / will, Immediately after the pri-
mary election or elections that l am