52 S.C. 298 | S.C. | 1898
The opinion of the Court was delivered by
This is an application addressed to this Court in the exercise of its original jurisdiction, praying that a writ of certiorari be issued, directed to the board of State canvassers, requiring them to send to this Court all papers, proceedings, and records, connected with the election for judge of probate for Dorchester County, in order that this Court may examine the same, and see if there is any error in the action of -said board in declaring one Joseph R. Stopplebein elected to said office of judge of probate for Dorchester County. In accordance with the prayer of the petition, the writ of certiorari was issued. The board of State canvassers made their return thereto, which was not traversed, and the case was heard upon the petition and return.
Without going into any detailed statement of the various allegations in the petition and return to the writ of certiorari, it will be sufficient to state only so much thereof as is necessary for a proper understanding of the questions presented in the argument, necessary to be considered in the decision of the case. It appears that, on the 22d day of May, 1897, an election was held for the election of a State senator, and for the various county officers, for the county of Dorchester, in pursuance of the provisions of an act establishing said county, approved 25th of February, 1897 — 22 stat., 595. At that election, it seems that the petitioner, R. C. Riggs, and the said Joseph R. Stopplebein, were opposing candidates for the office of judge of probate. On the Tuesday following said election, to wit: on the 25th of May, 1897, the board of county canvassers met and proceeded to canvass the votes cast at said election; and while engaged in performing said duty, the said Stopplebein ap
From this action of the board of county canvassers, the said Stopplebein again appealed. After some discussion by the board as to whether any new matter should be introduced, a number of affidavits were read, some of which appeared to be in favor of contestant and some in favor of contestee. After the matter was fully argued by counsel
We must, therefore, conclude that there was no error in the action of the board of State canvassers; and hence the application of the petitioner must be dismissed.