724 



SOUTH CAROLINA. 



number of votes, declaring and certifying the 

 same to the Secretary of State ; and also for a 

 writ of mandamus to compel the board to 

 make such ascertainment, declaration, and cer- 

 tificate. Before proceeding to final judgment, 

 the court (F. J. Moses, Chief-Justice) on the 

 17th made an order, "as auxiliary to its final 

 action," that the Board of State Canvassers 

 do forthwith proceed to aggregate the statements 

 forwarded to them by the Board of County Can- 

 vassers and ascertain the persons who have received 

 the greatest number of votes for the offices for 

 which they were candidates respectively at the gen- 

 eral election, held in the State on the 7th instant, 

 and certify their action in the premises, under this 

 order, to the court. 



This order to apply to all officers voted for at the 

 said general election, except the offices of Governor 

 and Lieutenant-Governor, which are not in question 

 by the pleadings. 



Appended to the report of the board was the 

 following memorandum stating that in their 

 opinion certain irregularities should be cor- 

 rected in favor of the Republican candidates 

 for Controller and Superintendent of Education, 

 and that frauds and intimidation had been 

 practised in Laurens and Edgefield Counties, 

 which .they had been precluded from investi- 

 gating. They say : 



This statement is made to the court in obedience 

 to its order of November 17, 1876 ; but it is respect- 

 fully submitted that, under the present proceedings 

 in this court, this board is not, by law, compelled 

 to report any of its actions to the court. 



This board further declares that, in its opinion, 

 the votes returned for F. C. Dunn for Controller- 



On the 21st the board made a report to the 

 court, stating what persons had received the 

 highest number of votes for all the offices ex- 

 cept those of Governor and Lieutenant-Gov- 

 ernor. From this it appeared that the Repub- 

 lican presidential electors had been chosen by 

 an average majority of 816, the average Repub- 

 lican vote being 91,672, and the average Demo- 

 cratic 90,856. The highest vote for any Repub- 

 lican elector was 91,870, and the lowest 91,136 ; 

 highest for any Democratic elector 90,906, 

 lowest 90,737. The tabulated results for State 

 officers were as follows : 



General should be counted for T. C. Dunn, the only 

 candidate for the office of Controller-General by the 

 name of Dunn. By making this addition to the 

 votes cast for the said office, the said T. C. Dunn 

 has received 91,176 votes for the office of Controller- 

 General, which gives him a majority. So, also, 

 votes, 532 in number, returned for John B. Tolbert, 

 should be counted for John E. Tolbert for the office 

 of Superintendent of Education. By making this 

 addition the said Tolbert has received for the said 

 office 91,644 votes, which gives him a majority. 



The board further shows to this court that allega- 

 tions and evidences of fraud have been filed with 

 this board as to the election held in Edgefield Coun- 

 ty by many managers of election in said county : 

 that similar allegations have been made and filed 

 as to one or more precincts in Barnwell County ; 

 that the statements of the Commissioners of Elec- 

 tion for Laurens County laid before this board were 

 signed by two commissioners only, one of whom 



mr STATP signed, as he certifies, under protest. The said 



Ha (R } commissioner has also filed an affidavit that the 



Skns (Dem ) reason he signed the said statements was because he 



' was in fear of bodily injury if he refused to do so ; 



Hayne's majority ; 227 that various protests and notices of contests have 



been filed from counties of the State, alleging irreg- 



ElliottfReD} QiUfi ularities on the part of election-officers, illegal 



Conner (Dem.)".'. voting, etc. ; that in view of said allegations, pro- 



_____ tests, and notices of contests, none of which have 



Elliott's majority 7 been heard or passed upon by this board, because 



of the pendency of these proceedings, the board can- 

 CONTROLLER-GENERAL. JJQ^ ; n t ne i r opinion, properly ascertain and certify 



Dunn (Rep.)... o?'?f? who have actually received the greatest number of 



>a (uem.) ju,ii4 legal votes in the said counties for the several offices 



Hagood's majority.... 256 voted for, unless they have the opportunity of in- 



vestigating these allegations and hearing evidence 



SUPERINTENDENT OF EDUCATION. upon these protests. 



Tolbert (Rep.) 91,112 



Thompson (Dem.) 91,552 On the 22d the court issued a " wnt of per- 



, emptory mandamus" commanding the board 



Thompson s majority 440 , " , J ,-, . n i j i i XT. j 



" forthwith to declare duly elected to the of- 



Kenned flR ADJUTANT - GENERAL - fices of Senators and members of the House of 

 Mo^Dem.)?.. '.'.".'. .'.'.'""!.'!.' !.'.'!.' .'!"'.! 9i'545 Representatives the persons who by said cer- 

 tificate of the said board to the court have re- 

 Kennedy's majority ceived the greatest numD er of votes therefor ; 



p STATE TREASUREK< and to forthwith deliver a certified statement 



Lfa& (Dem.):: :::::::::::::::::::::::: _];7 & declaration thereof to the secretary of 



State ; and commanding the Secretary of State 

 to make the proper record thereof in his office, 



According to the above, all of the Repub- and without delay transmit a copy thereof, un- 

 licans received majorities, excepting the can- der the seal of his office, to each person there- 

 didates for Controller and Superintendent of by declared to be elected, and a like copy to 

 Education. The figures submitted to the court the Governor, and cause a copy thereof to be 

 included the returns from Laurens and Edge- printed in one or more public newspapers of 

 field Counties, which gavejarge Democratic this State." 



majorities, showing the election of one Senator On the same day the court issued a rule re- 

 and three Representatives in Laurens, and one quiring the board to show cause on the 24th 

 Senator and five Representatives in Edgefield. why a writ of mandamus should not be issued 



