Newspapers / The Charlotte Observer (Charlotte, … / Jan. 27, 1909, edition 1 / Page 6
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CHARLOTTE DAILY OBSEKVER, .JANUARY 27, 3 DOT. MIL WEBB'S ANSWER FILED KCmOB s OF CONTEST IS VOID. Through HI Attorney, Mew. Ftiarr ' and Bell, Ooreman K. X. Webb , Serves Answer to Notice of Oseiteet J AeconUy Given by Mr. J. A. Smith, " of Beneuer CMy, Republican Can didate fw CongreH In U Ninth , lltirtrlet Notice Alleged to Uave Been Improperly Drawn, and 8er - d Alter the Time Prescribed by IjBW No Specific Allegation Made A Strong- Answer. ' ' Sheriff N. W- Wallace yesterday . served on Mr. John A. Smith, cf Bes eeraer City. Congressman E. Y. Webb's answer to the notice of con- test recently given by him and which ; from the manner In which It was ; drawn and the allegations contained - therein excited ' much comment. The answer was drawn by Messrs. Miiit arnt Rail illnrnrvi for Mr. Webb and Is said by those who have 'strong document. Mr. Webb, after re ferring to the fact that the purported notice of contest was unsigned, claims ' that It was given after the time al lowed by law had expired and In ad- ditloh that It la Insufficient in that it failed to specify the ground upon which the contest rests. The decu ment. with a ehort note from Mr. Smith himself, follows: MR. WEBB'S ANSWER. January 26th, 1909. Mr. John A. Smith. 81r:--Having been handed on the ; Jtth df.y of December. 1908. an un signed copy of what purported to be a notice of a contest of my seat In 1 the United State Congress for the ninth congressional district of North Carolina, and Inferring from the fact that you were the unsuccessful can didate of your party against me for aid position, that said purported no tice emanated from you, 1, therefore, accordingly address this reply to you by way of answer to auch notice, not, , however, conceding that said com munication, unsigned by you or any one in your behalf, and your name not appearing anywhere In the body of eald Instrument, constituted such notice as is required by the statute in such cases, and exiresxly reserv ing my right of exception before ihe proper committee of the House of Representative agalnt the validity Of said purported notice I do further protect, not for the purpose of being technical, tut !n good faith to assert and protect my rights and the rlghte of my constit uency as the returned member of the Hoase of Representatives. ex pressly reserving my rldht of excep tion us aforesaid, that your ald no tice was void. Invalid and Ineufncient, In that: NOT SERVED IN TIME. j First That said purported notice was not served on me within the time required by thf Matu!e In siuh caeea, the same having bi;en handed , to me on the evening of December ( Jth. 1908. whllH the result of the, election for the ninth congresHlnnal district of NortN Carolina was de- termined by the board of State can- vaasere. the officers legally nuthorlzeJ j and empowered to determine such i result, on the 27th day of November, 9o' i copy of said adjudication be ing in manner and form as follows: "We, the undersigned board of JStf, t . canvassers, do hereby certify that . ii Thursday, the 26th day of No vember, 1908, It being the Tlinmdav following the third. Monday after the lection for members of the House of Representatives of the SIxty-tlrMt Congress of the United States, we met In the hall of the House of Rep resentatives In the Capitol at Raleigh, and. It being the day set apart by the President of the United Btales and the Governor of North Carollnu, as a Day of Thanksgiving adjourned until the following du. when we ex amined Ihe returns of said election transmitted to the Secretary of Stale In accordance with law, anl do llnd that the foregoing Is a correct in struct of the same We therefore atate that we have as ertaliwd and Judicially determined by the count of the votes returned, uis appears in sabl absi ru. t, That Kdwin Y Veth has been elected to represent the ninth con gressional district of N..rth I'arollnu In the House f li'iiri rtatlvps of the Stxt -first I'nnsnw "f the Tint ed States. YVU.S"N O LAMB. I'hmn.. H T. ''LAYWK1.U H. I . SMITH, (Sea! I A H. FHKE.MAN. Board of State i 'm as.ers. VOTE BY COUNTIKK The said result was thri fipi.ti im mediately published and announced In the daily newspapers ot tbe Slate, and among .said papers, on the mil 27th day of November, 190V 1 be Charlotte ireerer, a newspaper published In the City of charlotte in the ninth cougreasiwiial district. 'he result and count of the b..ard of Stste canvassers by counties was publishei as follows: Wbb Burke 1 Catawba 1.9B9 Cleveland 2 1 astoa Lincoln 1. Madison Mecklenburg I.tto Smith 1.11 1.910 Mti 1.705 1.157 1 9X1 l :': 1 7M 912 Mitchell Taney .. 1 O'-H 1H '.$) 13 M NOTICE IJTVALID AND INSl'F- ; FICIF.NT ' Second. That said purported nolle I Invalid and Insuff.elent. In that It fails to specify the ground upon which you rely In such manner and form as required by the statute and In such way as to enable me to make a peclflc and Intelligent answer, theteto; but. on the contrary, su h allegations as you make are general. Indefinite aud uncertain and do not Statu that such alleged illegalities and Irregularities were perpetrated by my supporters or were Intended for my advantage or that any alienee, illegal vote was cast for me at any precinct In said election, or that such alleged 'Illegalities or Irregularities in ny manner effected the final result of he ', . said election. Tou state that at Oastonla, 'box 1. ; there were 111 vote cast by people Wtio had not paid their poll tax. ac cording to law, and 'that 45 people appear to have voted whose names are not on the registration book." but yon do not allege that said votes or - any one or part of said votee were ! - east for me and not for you. i Tou state that at said box there were several bunches of tickets, from three te eeren in a bunch, folded and lege that said tickets were (of me t - and not for you, nor do you allege I that said tickets were illegally cast : - by a eingls voter casting more than . one ticket. Ten state that at' aald precinct the box had no hinges on the ltd a&4 a part of the side of the congres atonal bos was knocked off.1 but you do not state that by reason thereof any fraud was perpetrated, or any wrong done to yon or your interest Yob state 'that at Dallas precinct. 1 SB votes ipnesna to un veva cwm, by people who had not paid their poll ' tax, yet you do not allege that aald' votes In whole or In part were for me and not for you. IN MADISON COUNTT. east leu state in in aiaanwa county "' " ' iVUlWi a-lW BMUaf bi s I V Ut purposes, but you do not allege that I wss In any manner a beneficiary by reason thereof, or that you were de prived of any votes thereby. You state that In one precinct 1 ild county, there was a "oonsplracy between politicians to prevent an " ", '"",tn informed and believe ana so ai- such politicians were my supporters. ,er, novotes were cast in said coun- or that '"- have affected the general re- would suit of the election. You state that in Taney county, In Gaston county, Mecklenburg, Cleve land and Lincoln counties, a large nurabw of votes were cast -by people who, had not paid their poU tag as required by law, but you fail to state that said votes or any one or any part of auch votes were cast for me and not for you, or in any manner affect ed the final result ef the election. Having thus set forth, by way of protest and demurrer your failure to serve your purported notice within the time required by the statute in such cases, and your failure to stato the ground of your contest in a proper and sufficient manner, as re quired by the statute of the United States, and the decisions applicable thereto. I will now proceed without prejudice to my rights of exception as herein before stated, to answer the charges In your alleged notice, in such detail as the nature of your al leged notice will permit. THINQ8 SAID TO BE NOT TRUE. 1. It is not true that there were 111 Illegal votes cast at Gaatonia, box 1, or that any other considerable number. It any. Illegal vote caat at said box, and it is also not true that there were 4 5 people who voted at aid box whose names were not on the registration books, and each of said allegations is expressly denied. 2. It la not true that several bunches of tickets, from three to seven In a bunch, folded and voted together, were cast for me at said box. and said allegation is expressly denied. In as far as any vote cast for me in said box la concerned. 3 I am Informed that It Is true that a small piece was split off the side of said congressional box. at said Oastonla precinct, but It Is expressly denied that the same was done de signedly. or that by reason thereof any rotes were improperly or illegally cast at said hox. As to whether or not there were hinges on the lid, I am not prepared to answer, but in that particular, I know no law which requires that the ltd to election boxen should be equipped with hinges, and further answering, I would say that the condition of the boxes at Ihe election Is under the charge and control of the Judges of the election, one of whom at this box was u member of your political party and presumably your supporter at this election, and as I am Informed, the said Judge took no steps to rem edy the situation, and made no pro test against Its condition. 4. It Is no true that 150 illegal vot.es, or any other considerable number of Illegal votes were cast at Dallas precinct by people who had not paid their poll (ax as required by law, and said allegation is denied. NO CORRUPTION MONEY TJ8ED. 6. It la not true, as I am inform ed and believe, that large sums of money or any sums, were used In Madison county for corrupt purposes by Democratic managers, and It is expressly denied that any money was used by me, or that I authorised the use or was the beneficiary of any money used in Madlaon county to un lawfully Influence the election, or any vote cast in said election. It I further not true that there was a con spiracy between certain politicians to prexent an election at one or any precinct In Madison county, and each of the said allegations is expressly denied; and furthermore, I am In formed and believe and so allege, that In the County of Madison, between 100 and 200 votes were caal for you by parties who had fraudulently ob tained their pull tax receipts by giv ing due-bill therefor, for the unlaw ful and Illegal purpose of enabling su' h parties to vote for you In the election In said county It Is not true that 250 votes were cast In Yancy county by people who had not paid their poll tax, but, on the contrary'. I am informed and believe and so allege, that not exceed ing 18 votea were cast In the entire county by voters who had not paid their poll tax as required by the stat ute, and I am further Informed and allege that more than half of said votes were cast for you in said elec tion. IN C, ASTON COUNTY. 7. It L not true that 1.000 Illegal . ;eS. (,r any other considerable num ber of lilez.ii votes, were cast In Gas ton county. There were only 4.32 c,te ciist In the entire county, and the statement that practically one fourth of said vote was illegal, is a slander upon th voters of Gaston j county, your own county, as well a a charge of corruption or Incompet ency upon the Republican poll-holders of the various precincts of said ounty, who must have permitted! such numbers of illegal votes to be j cast without challenge. The charge Is false and is expressly denied. S. It Is not true that more than 2.500 votes, or any other considerable ' number of votes were cast In Meek- J lenburg county by parties who had i not paid their poll tax. and it Is not true in suld county, that the "election law was practically suspended for anyone to vote who chose." but on the contrary, the said election was I'onducted at the several precincts In said county, by the legally constituted poll -holders, a registrar and two Judges, one of whom was a member of your party, and I am informed and believe, so far as my supporters were concerned, said election was conducted fairly. Justly and according to law. That as to the manner of holding the election in said county, no protest or dissatisfaction was made on the part of the Republican managers in said county, but on the contrary. Mr. K. M. Bell, the chair man of the county Republican execu tive committee. 1 quotea in The Charlotte Observer, under date of November 21st. 1908. a having said with reference to such election; "There might have been one or two errors In the count," said he. "but they were not Intentional and amounted to nothing. I watched the progress of the campaign In the coun ty very closely before and during the iMtlnn and I am persuaded that we received square deal. I have yet to ( hear of anything that 'would make . me believe that we received anything ! A HORRIBLE HOLD-UP. "About lea years ago my brwOier was bM up la his work, health and happt MM by what, was believed te be boselcs Consumption." wrHe W. R. taeagweaa, at Wuh In to. H. C "He took all klnda ef remedies aid treatment from several dee tora, but feued n help till he used Dr. King New Utaeevery sad waa wksUf cured by six bonis. He at a well aasa te-aay." He vuick te relieve and the surest cm re fee- weak or sore rungs, Hemorrhs'cee. Coegh and Colda. Hroa. chlda, la Qrtppe, Aetlima sod ell Urea. rhlal affect . Mr. a4 tL .Trial but tle free. Ouraaj.ee by W. L. Uaad A Cel. ; , . ;, . . x.. . ;. : . other than lost treatment au. oi the precincts. I Ueve mat ws goi everything we were entitled toynoth- ml sMshif leaa Sad I be Uev4 otherwise. I -would hare been fceard from long ago. IN LINCOLN AND CXITTKOAWD. I. It 1 not true that In Lincoln and Cleveland counties several hun dred votes were cast illegally oy parties who had not paid their poll D nartlea holding Illegal tax rece,pt,t but on the contrary, as I ties by parties not legally entmea to , d your charcea, as to each of these counties la expressly denied. The law of the State requires that a lut ot ,Very paW pon jn the county m,4e out by th .herlff or tax coUector of each county on or before the 1Atll dmy of May each yw. and ; ut j. aubJect to the Inspection I of cltista In said county, and I , lnrnrmMi -n(1 believe and so al- lege, that In Mecklenburg, Cleveland and Lincoln counties, a copy of such list was furnished to the managers of your party, by which they were en abled to compare the same with reg istration books, for the purpose of challenge, in said election, so that your charge that such unpaid polls were permitted to vote, in consider able numbers In above named coun ties, is not only denied as untrue, but j u imputatlon upon the good faith and Integrity of the managers and poll-holders of your own party. HAD RIGHT TO CHALLENGE. I do further allege and say that at each of the election precincts In the Binth congressional district and in the several counties mentioned In your alleged notice, on of tbe two Judges of election was a member ot your political party, and at the poll ing places In said counties you had your friends and supporters, and such poll-holders any any of your said supporters had full right, under the election law of the State, to chal lenge any vote which might be offer ed at said election, and to require such voter to exhibit his tax receipt for the previous year, or produce evidence of the payment of his said tax. and thereupon the qualification of such voter must be Judicially de termined by the officers, before such voter would be allowed to cast his ballot. Again, under the aald elec tion law, a day Is aet apart, being tho Saturday before the election, for thn challenge of any name Improperly J on the registration books, and said books must be kept open during said day for sail purpose, when you and your friends had a right to challenge any name improperly or Illegally up on such books, yet In the counties of Mecklerrhurg where you allege 2.500 votes were cast by parties who had not paid their poll tax and in Gaston county, where you allege that 1,000 such votes were cast, and In the oth er counties where you allege such Il legal votes to have been caat, as I am informed and believe, neither you nor your friends had challenged, neither on the aald Saturday before the election, when each and all these names were then on the registration books, nor on the day of electloiv when such parties offered to vote, a single one of the alleged lllegnl voters on the grounds assigned In your no tice or anl other ground; said votes. If any such were cast, which Is de nied, being unchallenged, became qualified hy the adjifdlcatlon of said officers of the election, whose Judg ment. In the absence of fraud, was final. i- urthermore. I am Informed and helltve and so allege, that, if any votes were cast in said counties hy persons not qualified under the law, more of aald votee were cast for you than were cast for me In said elec tion, ALL OROUNDS EXCEPTED TO. In conclusion. I excert to each and all the grounds set forth by you a the basis of your alleged contest. In thnt they fall to show even prima facie that the matters therein alleged affected or changed the result of the election, or that but for such alleged matter you yourself would have beon elected; and I except further to your alleged notice of contest for that It doea not allege that you were deprived of any votes that were legal ly cast for you. or that the exclusion of votes alleged to have been unlaw fully cast would have changed the re sult of the election; and further, your alleged notice does not state that you THE SELECTION of a piano Is very much like the choice of friends. The more car exercised In the selection, th mors certain we are of lasting friendship; and the greater one's refine ment and education, the more judgment is displayed In the choice of frlenda The selection and exclusive uaeof Stleff Pianos in many of the greatest educational in stitutions In the United States Is a source of gratification to us, and we feel Justly proud of the fact that in about two hundred colleges we have more than one thousand 8tleft pianos. There must be a reason. INVESTIGATE! CiSJLSTjLTf Manufacturer of The Artistic StlesT, Shaw and SUeff 6elf-PUyer Piano. Southern. Warerooxm k We Trade St CHARLOTTE, W." O. a IL WTT.T.tOTH, XJgr. 7Ht8.Fia L USffiMME CiOOFPBB is ricli, smooth, delicious, and never fails to pleasb " perfectly. : ' x SOLD EYERYWHERE--25 eta. ; Tho Reily-Taylor Co., New Orleans, TJ. S. A ; ware in any way deprived of T votes, nor that I derived any ad vantage of any kind whatsoever by reason of all or any of the matters complained of; further, that yon do not claim in said alleged notice that you received a plurality of the votes cast In said diatriot, nor do you al lege or claim that I did hot receive a majority of all the qualified votes cast in said district; and for these reasons I shall ask that your contest be dis missed. Finally. I allege that I am ihe duly and legally elected Representa tive of said district to said Sixty-first Congress, and that you are not elect ed such Rspresentatlv. E. T. WEBB. By Pharr A Bell, Attorneys for Con testes. WORD FROM MR. SMITH. To the Editor of Th Observer: I hand you herewith a oopy of Mr. Webb' reply to my notice of contest to him. Ha lays great stress on his allegation that I did not serve notice on him within SO days after the re turns by the election board. Not to be mistaken I went to Raleigh, to the Secretary of State's office and to that of th Governor and saw the board s certificate of Mr. Webb's al leged election and it was dated De cember 1st. My notice to him was dated December I9th. The record was all I had to go by. Tours truly, J. A. SMITH. Club Brings Newcomers to CTiarkrtxe. The lateat bulletin of the Greater Charlotte Club chronicles the coming to Charlotte of varloua Individual and businesses aa a result of the activities of the club. Among these are the North State Agency Company on th Mxth floor of th Realty Building, five families being brought here by i this move. Mr. V. J. McDanlel. man I ager of the McDanlel Screen and Flooring Company, ha located at No. 2 si 8outh Tryon treet, where this company will have headquarter In the future. He comes from Co lumbia. S. C. Mr. L. T. Briatow and family, of Clarkxrllle, Va.. have moved her and ar living In Dllworth. Mr. Brlstow Is an accountant. Mr. J. A. Parker, coming, from States vllle. will engage In the practice of law In connection with insurance work. "Yttiere Penalties Are Paid. Recorder f?rth put the price of the fun which Bright Johnson had at the expense of the street car corn pan)' Monday niht at 20. when the hearing had been concluded yesterday morning. The charge was disorderly "conduct, the other warrant eharginr assault being waived Ella Jackson, a negro woman, was sentenced to SO day In Jail on the charge of running a disorderly house on Hill street. She appealed but was unable to furnish the $50 bond and so went to jail any vxay. "GET IT AT HAWLKY'S" MANICURE GOODS W have been sharply criti cised by some of our well meaning and prudent friends for the extravagance of our collection of manicure necea sarlea We admit it's the best assortment In the South, but the way our, sales have In creased In these goods Justifies our Judgment. "Well." said a' prominent woma'n recently, "I am glad there Is one store In this town where I can get what I want." That' the way we feel about It. and that's the reason we beg our friends to let their wants be known, so we can put In stock any favorite toilet article they may fancy. When once we have a call for an article, no matter" what, or how difficult to obtain, our cus tomers have long since learned that ever afterward they can "Get It at Hawley's." liawley's Pharmacy TRYON ANT FIFTH STS. Phoaes IS and 30. Aondetpy Advance Sale. Look at our new hats. Yon couldnrt find flaws in them with a microscope. w Nobbiest styles. Your style among .them, --....JL.'. . It only ..remains for you to come for it. Prices $20 to $0.00. The Tate-Brown Co! von of j We'll Clean Your House Garments Tour klrponas, heavy wrap pers, lounging robes, bath robes, etc, all become mussed and soiled after continued wearing. Don't try to wash or to clean these garments at home, and. risk shrinking or fulling them, running the colors and matting the fabric. JU)t us dry clean them for you, and return them to you as clesn and nice appearing as when new. f Charges reasonable. Charlotte Steam lasndry Launderers, Dyers, Clranra, Sl South Tryon St. COTTON MILL! When you need either Ribbed or Window Glass, and Putty, to repair th broken glass In your mill sash, ws can supply your needs In any size or quantity, and make Immediate shipment from our stock hare. Inq'ilrlea solicited and esti mates cheerfully furnished. B. R WITHERS Distributor . BUILDERS' SUPPLIES, Charlotte, N. C. TarbelTs Teachers' 1 Guide Thin work Is offered with the fullest assurance that It is, the largest, the most extended and the most comprehensive work of the International Series of Sunday school les sons Issued anywhere. Published originally at 11.25 this great octavo volume la now Issued at only $1.00 net (by mall $1.16). To see the book Itself Is enough to awaken surprise that so large a work,' with such ' numerous and excellont illustrations, colored maps and other illuminative embellishments can be supplied at so low a price. Only a very large aale makes this possible. Us this volume in your study of the lessons this year and you will assuredly enroll yourself among; th thousands who in unmeasured terms ex press their appreciation of this great work of assistance for Sunday School Te Pelonbets Note For lto The basis for teaching; all grades In the Sunday school, with all "that can aid the teacher In his own study and' Price. $1.25. " Booksner, SUUonera. isomxtJmxwwjmjmxwmxwimxsa Life i Ever see our three vartetle of Enchantress" Carnation T They are bigger" than can be had "elsewhere, long stem, superb tdooma v Plenty of "Sweet Violets" and Roses, too. . - " -. -- We decorate and furnish an wed ding flowers. Write us about yours. IJver see- mxr- make of handsome floral design T They tell na oars are aneqoaled. We ship quick. -Writ telegraph, telephone- i I ; Nursery Co. Carnations ? Lindley ARCHITECTS AND BUILDERS are aware of the fact that we carry the Beat Quality and Best A rtmint ef, erdlnary, medium and fine Builders' Hardware tha is kept Jtt the Bouth. ., ) ., Nearly nil pabllo . taudlavi and fine residences are : bets fitted ; P with Corbia Locks en4 finishing hardware and It is being sup plied ..,',.; : , ' - : ; . . , ; . ;Wcdidington Hardware CbmpanyInc tlsCrflmtlnc Agent. , )jat Trad 8t j Black's Transfer I Company ? W ire well eo.u3iHed 4 J to handle the Baggaga't X sM a ' ' ' Business. umce in " ! Southern Passenger De-V ; ! pot open day and night ' ' ! Thones 105 or 1919. j ! I We also give prompt at- ; ; tention to all kinds of I Hauling. Clothing Furnishings J N Our specialty is not one, but many. We make a specialty of THE BEST in Men's Clothing and Furnishings. Top Coats and Raincoats Plain Black and Solid Blue Suits Pull Dress and Tuxedos All of these arc in our stock and they are all the best in fit and fabric. Our Furnishing Goods Department is complete in every detail We believe we can supply anything you can call for. We are showing a specially attractive line of Boys' and Childrens' Clothes now. For anything good in the Clothing and Furnish ing line, come here. ED. MELLOW CO. Remember, Mellon's Clothes Fit HOte AND MULES In our Sales Stabfes you will find the largest and best assort ment of Horses and Mule In the Stat. Vehicles and Harness Our stock of' Vehicles is complete In every respect. Variety Vt styles, quality of goods, and the big stock for you to select from. Ooed good at reasonable prices. Easy terms. . J. W, JYADSWORTH'S SONS CO. - -HABSESS AS1 ACCESSORY. GOODS." - BEAUTIFUL WEATHER FOR GO-CARTS AND BABY CARRIAGES j - V . tVe show-the new Spring styles uew,- f 8.- - V Everything from the EngHsh Perambulator. ' ' . We call special attention to, our new English Cart , at $22.50. -They are the kind that cost $30.00 elsewhere. ; PARKER-GARDNER COJ L Kye IIMisca & Sea INSURANCE - fire; LIFE, ACCIDENT OlTICa K. t Osst BuQdlan, BcO fboo , and small Folding Go-Cart to the j: - r -1 .
The Charlotte Observer (Charlotte, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Jan. 27, 1909, edition 1
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