Killingsworth v. State Executive Committee of Democratic Party

• Decision Date: 18 October 1922
• Docket Number: 11037.
• Citation: 118 S.E. 822,125 S.C. 487
• Parties: KILLINGSWORTH v. STATE EXECUTIVE COMMITTEE OF DEMOCRATIC PARTY ET AL.
• Court: South Carolina Supreme Court

118 S.E. 822

125 S.C. 487

KILLINGSWORTH v. STATE EXECUTIVE COMMITTEE OF DEMOCRATIC PARTY ET AL.

No. 11037.

Supreme Court of South Carolina

October 18, 1922

Original proceedings in certiorari by R. G. Killingsworth against the State Executive Committee of the Democratic Party and others. Petition dismissed.

J Fraser Lyon, of Columbia, for petitioner.

T. M Ross, of McCormick, for respondents.

PER CURIAM.

This is a proceeding in the original jurisdiction of this court. The proceedings are in certiorari. The petition is as follows:

"1. That under the statutes and rules of the Democratic party your petitioner, R. G. Killingsworth, and the respondent, T. M. Ross, were duly qualified candidates in the first primary election held in McCormick county, state aforesaid, on Tuesday the 29th of August, 1922, for the purpose of nominating a Democratic candidate for member of the House of Representatives from McCormick county; that the names of your petitioner and the above-named respondent, T M. Ross, were duly printed on the ballots or tickets, and that they were voted for in said election.

2. That the ballots cast in said election were canvassed by the McCormick county executive committee, which declared that your petitioner, R. G. Killingsworth, had received 505 votes and that the respondent R. M. Ross had received 508 votes notwithstanding the protest and objection of this petitioner to the election as held at the Willington box in said county which will be hereinafter specifically stated.

3. That your petitioner gave due notice to the Democratic executive committee of McCormick county and T. M. Ross of his protest, in writing, as follows:

You will please take notice, that R. G. Killingsworth, a candidate for the House of Representatives from McCormick county, S. C., will contest and hereby protests against the counting of the votes cast in the first primary election held on Tuesday the 29th day of August, 1922, for the purpose of nominating a representative in the Legislature of South Carolina from McCormick county, S. C., in so far as the Willington club is concerned, and asks that the votes cast in said election at the Willington club be not counted, and that the said R. G. Killingsworth be declared the nominee of the party in said election upon the following grounds:

(1) The election laws of the state of South Carolina, and the rules of the Democratic party for McCormick county and of South Carolina were not complied with and openly violated in the following respect, to wit: (a) The manager of election at the Willington club failed to observe the rules of the party and the laws of the state of South Carolina by failing to keep a proper poll list; (b) by not furnishing to voters tickets with numbers printed thereon in seriatim order; (c) by failing to detach from the ballot the coupon with the name of the club and the number printed thereon.

(2) The petitioner would further show that on account of such gross irregularities as stated above all of said votes cast at the Willington club in said election should be set aside and not counted, and should this be done petitioner would have a majority of the votes regularly cast in said election throughout the county, and therefore should be declared elected or the nominee of the party in said election.

Wherefore, petitioner prays that this honorable committee declare the gross irregularities in the said election at the Willington club sufficient to warrant throwing out said box and that your honorable committee declare petitioner nominated or elected in said election.

4. That the said McCormick county executive committee met on September 2, 1922, for the purpose, among other things, of acting upon and deciding the protest of your petitioner; that the following is a copy of the minutes, action and order of the said McCormick county executive committee:

McCormick county executive committee met at the courthouse at McCormick at 3 p. m. o'clock for the purpose of passing on protest filed by R. G. Killingsworth, candidate for election to House of Representatives.

The following members were present: W. K. Charles, chairman, W. T. Strom, W. E. Sheppard, J. H. Lyon, T. J. Lyon, Joe J. Link, Jas. M. Gilbert, J. P. Brunson, Robert S. Owens.

It was agreed by Dr. R. G. Killingsworth and T. M. Ross that protest of R. G. Killingsworth be passed on by members of the committee present.

Committeeman Robert S. Owens announced that he would not participate in the voting of the committee on protest of R. G. Killingsworth, on account of his association with candidate T. M. Ross, who is the respondent.

Joseph Murray, Esq., representing R. G. Killingsworth, read the petition or protest. It was admitted that the coupons on tickets or ballots voted at Willington box were not detached.

It was admitted that there were 59 names on the poll list and that there were 59 votes cast, but that the ballots were not given out to the voters ad seriatim.

Poll list and ballots offered in evidence.

Arguments were made by Joseph Murray and T. M. Ross.

Moved by James M. Gilbert that the protest of R. G. Killingsworth with reference to Willington box be dismissed, and

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