The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1921-03-07
Defer ELECTION
UNTIL Mex! YEAR
House and Senate Agree to Discon-
tinue Balloting, Ends in Dead
lock-Governor Cannot
Make Appointment

The last ballot to be he'd at this
session of the general assembly lr
the election of an associate justice
of the state supreme court to fill the
unexpired term of the late George
w. Gage was taken Friday morning
the house and senate yesterday after
noon agreeing to postpone further
balloting until next year.
This action was taken in the adop-
tion by both houses 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 a field of
ten candidates when the balloting
was opened February 18 and for, 81
consecutive ballots held first place,
only to be displaced on the next to
the last ballot by M. 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 SER
wing, only to leave the decision of the
contest apparently as far removed
as when the race was first begun.
Judge Hayne F. Rice of Aiken was
the first candidate to leave the race,
his name being withdrawn just be-
fore the roll call began for the fourth
ballot. The other Withdrawals came !:
Judge W. F. Townsend of Columbia
at the end Of the fourth ballot, Judge
Edward McIvet of Cheraw and Judge
Ernest Moore of Lancaster at the end
of the 18th ballot. Prof. E. Marion
Rucker of Columbia at the end of
the 18th 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 Friday: Jesse F. Carter
of Bamberg with 48 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 Friday, 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 fill the vacancy when the
unexpired term to be so filled is for
a period Of less than year. Asso-
ciate Justice Cages term would not
have expired until August /, 1922.
Mr.. Barrett introduced his resolu.
tion 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 Friday
afternoon and was killed by an over
whelming majority. Mr.. Barnett's
resolution was adopted by the house
Friday afternoon after short debate
and was Immediately sent to the sem
ate to also be considered and adopted
with only two dissenting votes.-The