A Historical and Legal Digest of All the Contested Election Cases in the House of Representatives of the United States from the First to the Fifty-S
Author: Chester Harvey Rowell
Release Date: September 12, 2013
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901 edition. Excerpt: ...boards of canvassers in four counties sustained this motion, and excluded all the ballots cast for Miller; the boards in the remaining five counties overruled the motion and counted the votes as returned. Counting the Miller votes in the five counties and rejecting them in the four would give Elliott a plurality of 478 votes. Appeal was taken to the board of State canvassers from all of these decisions--by Miller from one set of decisions and by Elliott from the other. The vote in the State canvassing board on this appeal was a tie, and no decision was reached. The matter was then taken to the supreme court of the State, which decided that, the State canvassing board having failed to come to any decision, the decision of the county canvassing board in each case must stand. A writ of mandamus was therefore issued to the State canvassing board commanding them to make out a statement of the vote as certified to them by the boards of county canvassers. The determination of the case on the merits was recognized as the province of the House of Representatives. The Miller votes were therefore counted in the five counties and not counted in the four, and the certificate was issued to Elliott.1 The statute of South Carolina prescribing the form of ballot to be used was as follows: Sec. 115. The voting shall be by ballot, which ballot shall be of plain white paper of two and a half inches wide by live inches long, clear and even cut, without ornament, designation, mutilation, symbol, or mark of any kind whatsoever, except the' name or names of the person or persons voted for and the office to which sucn person r persons are intended to be chosen, which name or names and office or offices shall be written or printed, or partly written and partly...