125 S.E. 32 | S.C. | 1924
October 28, 1924. The opinion of the Court was delivered by This is a proceeding in the original jurisdiction of this Court to enjoin the authorities of the Democratic party *477 from placing on its ticket for the November election the name of Mr. W.L. DePass, Jr., as a candidate of the Democratic party, for a seat in the House of Representatives from Kershaw County.
It is alleged that Mr. DePass is not qualified to fill the office by reason of the fact that he has not paid his poll tax. This does not disqualify him.
In the case of State v. Mittle,
"A qualified elector is a citizen, male or female, of the State, 21 years of age and upwards, not laboring under the disabilities named in the Constitution and possessing the qualifications required by it, * * * among which, as this Court has held in Mew v. Railroad Co.,
The principle is the same.
The returns raise several questions, but, as the other questions are not necessary to a determination of the case, they need not be considered.
The petition is refused, and the proceedings are hereby dismissed.
MESSRS. JUSTICES WATTS, COTHRAN and MARION concur.
MR. CHIEF JUSTICE GARY did not participate.