w, shall each receive five dollars and mileage at the rate five cents for every mile traveled on the most direct route. Notices of election published in any public gazette or ounty newspaper by authority of the proper Board of lection Commissioners, as required by law, shall be paid or at the rates prescribed by law for legal notices. To defray the expenses designated herein, the Comptroler-General shall draw his warrant on the State Treasurer in avor of such Commissioners of Election, Manager of Elecion, Clerk of Commissioners or Managers, messenger and >roprietor or printer of said gazette, for the amount of compensation to which he may be entitled; the same to be paid by the Treasurer out of any balance that may be in the Treasury. The County Commissioners of the several Counties shall audit and pay all accounts for necessary expenses incurred by the Commissioners and Managers of Election for stationery, the making of election boxes, rents and similar expenses in elections held in this State. A. D. 1912. State Can Section 246. The Secretary of State shall appoint a meet- Meeting of ing of the Board of State Canvassers, to be held at his office, vassers. or some convenient place, within ten days next after such Civ. '02, § general election, for the purpose of canvassing the votes for all offices voted for at such election. 223. A. D. 1912. Who consti tute Board; rum. Sec. 247. The Secretary of State, Comptroller-General the Attorney-General, State Treasurer, Adjutant and Inspector quo-General and the Chairman of the Committee on Privileges Civ. '02, and Elections of the House of Representatives, shall consti tute the Board of State Canvassers-four of whom shall be a quorum. 224. When no quorum, Pres ate 225. § make state Sec. 248. If a majority of these officers shall be unable ident of Senattends or shall fail to attend, the President of the Senate, on being and acts. notified by the Secretary of State, shall attend, without Civ. 02, delay, and with the officers attending shall form a Board. Board to Sec. 249. The Board when thus formed shall, upon the ment of votes certified copies of the statements made by the Boards of candidate and County Canvassers, proceed to make a statement of the certify same. whole number of votes given at such election for the various Civ. '02, officers, and for each of them voted for, distinguishing the § several Counties in which they were given. They shal certify such statements to be correct, and subscribe the same with their proper names. cast for each 226. Certificate of determina tion delivered to Sec. 250. They shall make and subscribe, on the proper Secretary statement, a certificate of their determination, and shall deliver the same to the Secretary of State. of State. Civ. '02, § 227. Board de clares what persons elect cides contested cases appeal. Referred to.-State v. Nerland, 7 S. C., 241. Such certificate void when based upon copies of statements of County Board of Canvassers, certified by one of the Board.-State v. Nerland, 7 S. C., 241. Sec. 251. Upon such statements they shall then proceed ed, and de- to determine and declare what persons have been, by the on greatest number of votes, duly elected to such offices, or either of them. They shall have power, and it is made their duty as judicial officers, to decide all cases under protest or contest that may come before them on appeal from the decisions of the County Board of Canvassers. Civ. '02, § 228. Board not an inferior Court; a special tribunal to decide elections.-Whipper v. Talbird, 32 S. C., 1; 10 S. E., 578. No appeal from.-Ex Parte Mackey, 15 S. C., 322; Ex Parte Whipper, 32 S. C., 5; 10 S. E., 579; Pettigrew v. Bell, 34 S. C., 104; State ex rel. Welch v. Board of Canvassers, 79 S. C., 248: 60 S. E., 699. Duties of State v. Hayne, 8 S. C., 367; Ex Parte Mackey 15 S. C., 335; Ex Parte Elliott, 33 S. C., 602; 12 S. E., 423. Title to office does not depend upon their decision when not contested.-Ex Parte Smith. 18 S. C., 516. When they decline to act or are equally divided on appeal. decision of County Board stands.-State v. Walker, 5 S. C., 263; Ex Parte Elliott, supra. But in election of Senator their determination is subject to final decision of Senate.-Ex Parte Scarborough, 34 S. C., 13; 12 S. E., 666. Minute irregularity does not invalidate election.-State v. Harman, Chev 267; Wright v. Board of Canvassers, 76 S. C., 574; 57 S. E., 536; State ex rel. Burchmore v. Board of Canvassers, 78 S. C., 461; 59 S. E., 145. Power Courts in elections.-State v. Alderman, 1 S. C., 30; Alexander v. McKene, 2 S. C., 81; Ex Parte Carson, 5 S. C., 117. Will not grant mandamus alter decision.-State v. Bruce, 3 Brev., 264; Grier v. Shackleford, 3 rev., 491; State v. Sims, 18 S. C., 461; Ex Parte Scarborough, 34 S. C., 3; 12 S. E., 666. But will enforce ministerial duty of mandamus where no ppeal lies.-Ex Parte Mackey, 15 S. C., 335. Mandamus to compel member f Board to act.-State v. Jones, 83 S. C., 432; 65 S. E., 444. The action f the State Board of Canvassers can only be reviewed by the Courts under ertiorari. Ex Parte Riggs, 52 S. C., 298; 29 S. E., 645; Segars v. Parrott, 4 S. C., 29; 31 S. E., 683. The action of the County Board of Canvassers aay be reviewed on appeal to the State Board, and the Court will not issue (writ of certiorari to review their action.-State ex rel. Martin v. Moore, 14 S. C., 556; 32 S. E., 700. A. D. 1912. Sec. 252. The Board shall have power to adjourn from, May adjourn day to day for a term not exceeding fifteen days. day to day for fifteen days. Civ. '02, § elec tion of Gov contested. Sec. 253. In case of a contest of the election of Governor, if the General Assembly, by Concurrent Resolution, shall 229. entertain the same, the Senate and House of Representatives How shall, each separately, proceed to hear and determine the ernor may be facts in the case, so far as they deem necessary, and decide Const. Art. thereon who is entitled to be declared elected. If the two 44 Civ. '02, § 230. branches of the General Assembly come to the same decision, they shall, by Concurrent Resolution, declare who is duly elected and entitled to enter upon and exercise the office of Governor; and such person thereupon shall, upon taking the oaths prescribed in the Constitution and the oath with respect to dueling, be inducted into office. If the two branches of the General Assembly do not come to the same decision, then an election shall be called by the Governor, to take place in not less than sixty nor more than ninety days, at which the qualified electors shall proceed to vote for a suitable person to fill the office of Governor. to record result of Sec. 254. The Secretary of State shall record in his office, Secretary of in a book to be kept by him for that purpose, each certified State statement and determination which shall be delivered to him canvass. by the Board of State Canvassers, and every dissent or pro- 231. test that shall have been delivered to him by a canvasser. Civ. '02, S determination Sec. 255. He shall, without delay, transmit a copy, under To furnish the seal of his office, of such certified determination to each copy of each person thereby declared to be elected, and a like copy to the to person deGovernor. This certificate not the only evidence of election to House of Representatives. If refused, right to seat may be shown otherwise.-State v. Hayne, 8 S. C., 367. clared elected and to Governor. Civ. '02, 8 232. A. D. 1912. To print Sec. 256. He shall cause a copy of such certified state statements in ments and determinations to be printed in one or more pub public news- lic of this State. newspapers papers. 233. To send cer member of House of Rep Civ. '02, § Sec. 257. He shall prepare a general certificate, under the seal of the State, and attested by him as Secretary thereof tificate of addressed to the House of Representatives of the United election of States in that Congress for which any person shall have Congress to been chosen, of the due election of such person as Represen resentatives.__tative of this State in Congress, and shall transmit the same Civ. 02, to the said House of Representatives at their first meeting. Sec. 258. The Secretary of State shall enter in a book to ord of County be kept in his office the names of the respective County officers elected in this State, specifying the Counties for Civ. 02, which they were severally elected, and their place of resi dence, the office for which they were respectively elected, and their term of office. 234. To keep rec officers elect ed. 235. A. D. 1912. CHAPTER XI. The Election of Representatives in Congress and Electors of ARTICLE 1. Election of Representatives in Congress. Representa and when Section 259. Representatives in the House of Representa- tives: how tives of the Congress of the United States shall be chosen at chosen. each general election in the several Congressional Districts, Civ. '02, § by the qualified voters thereof. 236. Congression 1902, XXIII, 977, 1197: Sec. 260. The State is divided into seven Congressional al Districts. Districts as follows: The First Congressional District shall be composed of the 1908. XXV. Counties of Charleston, Berkeley, Colleton, Dorchester and XXVI, 867. Clarendon. The Second Congressional District shall be composed of the Counties of Aiken, Bamberg, Barnwell, Beaufort, Edgefield, Saluda and Hampton. The Third Congressional District shall be composed of the Counties of Pickens, Oconee, Anderson, Abbeville, Greenwood and Newberry. The Fourth Congressional District shall be composed of the Counties of Laurens, Spartanburg, Greenville and Union. The Fifth Congressional District shall be composed of the Counties of Cherokee, Chester, York, Fairfield, Kershaw, Chesterfield and Lancaster. 1283: 1910, |