The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1921-03-10
DEFER ELECTION
UNTIL NEXT YEAR
HOUSE AND SENATE AGREE TO
DISCONTINUE BALLOTING.
Ends In Deadlock
Curtain Rung Down For Session On
Dramatic Event-GovernOr
Can Not Appoint.


lot to be had at this session of the
general assembly in the election of
an associate justice of the state su-
preme court to fill the unexpired term
of the late George w. Gage, was taken
yesterday morning, the house and
senate yesterday afternoon agreeing
to postpone further balloting until
next year.
This action was taken in the adop-
tlon by both buses of concurrent
resolution, introduced by Representa-
tive W. D. Barnett, of Columbia, and
rings down the curtain on one of the
most dramatic election contests ever
witnessed in the joint assembly.
Jesse F. Carter, of Bamberg, took the
lead on the first ballot over field of
ten candidates when the balloting
was opened February IS and for 81
consecutive ballots held first place,
only to be displaced on the next to
the last ballot by NJ. L. Bonham, Of
Anderson. Mr.. Carter went ahead
again on the final roll call, the bal
loting ending with him leading by
the narrow margin Of two votes.
The deadlock, which occasioned the
abandonment of the daily balloting,
had existed almost from the initial
roll call, the gradual withdrawal of
candidates and the race wore on serv-
ing only to leave the decision Of the
contest apparently as far removed as
when the race was first begun.
Rice Withdrew. First.
Judge Hayne F. Rice, of Aiken, was
the first candidate to leave the race,
his name being withdrawn just be-
fore the roll call begun for the fourth
ballot. The other Withdrawals came:
Judge W. F. Townsend, of Columbia,
at the end of the fourth ballot, Judge
Edward McIver, of Cheraw, and judge
Ernest Morre, of Lancaster, at the end
of the 18th ballot, Prof. E. Marion
Rucker, of Columbia, at the end of
the 14th ballot and Judge Thomas
S. Sease, of Spartanburg, at the end
of the 18th ballot. Four candidates
remained in the race when the bal
loting closed yesterday: Jesse F.
Carter, of Bamberg, with 4S votes; NJ.
L. Bonham, of Anderson, 46; Senator
J. Hardin Marion, of Chester, 80, and
Judge S. w. G. Shipp, of Florence,
"a.
The adoption of the resolution
leaves the state supreme court with
the heaviest docket of recent years
and no way to fill the vacancy occa-
stoned by the death of Associate JUS
tice Gage. Governor Cooper can not
appoint a man to fill the vacancy,
he said yesterday, and the court will
be forced to handle the work before
it with only four members. This,
however, will probably cause little
inconvenience in the hearing of cases
in that three members of the court
constitute a working majority and
may transact all business. The state
constitution provides that the gov
ernor may I'LL the vacancy when the
unexpired term to be filed is for
a period less than a year. Asso-
ciate Justice Cages term would not
have expired until April 1, 1922.
House Changes Opinion.
Mr.. Barnett Introduced his resolu>
ton in the house some time ago, but
the proposal was sidetracked to al
low the house to consider and pass
a resolution introduced by Julius S.
McInnes to provide that the joint
assembly meet and continue ballot
ing until an election could be had.
This resolution came up for consid-
Grafton in the senate early yesterday
afternoon and was killed by an over
whelming majority. Mr.. Barnett's
resolution was adopted by the house
yesterday afternoon after short de-
bate and was Immediately sent to
the senate to also be considered and
adopted with only two dissenting
votes.
In passing the resolution yester-
day afternoon the house reversed it's
decision Of three days ago, this iden-
tica1 resolution being killed when
offered as an amendment to the Nc
Innes resolution. The test vote on
the Barnett resolution yesterday af-
ternoon stood 81 to 13 in favor of
the resolution.
Especially significant was the stand
of the majority of the house men,
bers, who have been consistently
supporting Jesse F. Carter in the