Newspapers / Daily Constitution (Raleigh, N.C.) / Sept. 25, 1875, edition 1 / Page 1
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' :,- " -.". w r".rr:r " "..v firj " wh,iip muffm w , , i m mi .,ni.ll.i... , -, r'ri.i.l.ir.ii ..' -i : in", ' ' ' ,- - ,' . : . ., t .l;-,:i-.r,,-.1.TyT-- n . ; - - i ' i - 4 ' - - . ' - . . ' . . : ' .. ' - I - i S ," rr. i -.jT. .r ."i i ' 1 ' 1 trt n'mi ..... . BBi . ; ! t t I S.iijiu.i.; the legislative mind intended to cjeafly tnrned, the House oi Commons will endeavor to comply witl): th4 essential denceof verity and bonafidetii ,. ' . ., ji ,, j distinguish between the two acts and to reverse the . positioner the fpartiesbV requisftesof Vbb awas would-.haVfl' Wofeirrtli; olihe' keyset forth Office over fhe & . a iJ2ook.J3to&. j 8ho5 their pate-aml independent excluding the sitting members and pu- prodii'ceij; annavordable tovictionl 1 theTOnteSta'nfi' noUce'We ?emthe ,t . , ! cnaracter, f - , , i 1 1 e pcuwoner . in ills place .as duly I and the.CouvenUon of the;ji yldeaC j transcript from ib&reoorddrthe Hdard TERMS OP SUESCBIPTroN AC.- , ' 'w"rBwro 01 me opinion tnat me reiurnea .leaving; me 'election to be Uieir actsand the witj ofithe oonteit of Conunis&kiderVconWnslvtfastotlielr One cony cue rimnthpoVagVpaid,)5 T't I T eonyerted androwinge.b trutSS!bsW of tl. ' ,. i " --"s poujf iu wuum n i , n js cviueDi low iD6 leiiEtn oi nonce I uireci uenmi ana or air connliiubir fvl. FIFTY CENTS. Advertisements inserted at the usual rates. ,-. .. . - i All letters on bualhosa should be ad-1 .dressed to the t Constitution rnblish-! ,ing Company ,'VJtaleigb, N. C , , Orders nn accompanied (by cash .will receive no attention. ms. Kven had the poll-books so far as the. circumstances of the two q( opinibn'that theonly ruiegpyerpingl cefntestahts When elected wef el iarfd deposited, we think the Com-; bodies are analogousin : spirit nc t in such cases in this body is the 1 rule of still are,' members ' of ' the. 'den era! As- conld 1 not" have : regarded letter. ' .I'M H'mnsA in! UufiI.K'1i.niiinkiiifnAAi 8emblt.v.wd.Deflr: leave to , rav ttiAf. for any purpose affectiner the re- It will occur at once that three o'V I do not considej" th A rle-ht of nnph iwiv. - ' i vm - w w uiu &uu mi .: luuu vu lcjiaii bi 1 ri - Ml nority Report from the. Com mittee on. Privileges, and i Clectioii upon tlio , Con- tested Election from 1 : ; Robeson Count j. j - - f V ' , t l .. m a .." b' :" ' V ' '2b tJie CbTivCTition.- :'"! ' A minority of -your Committee on 'Privileges and Kle-tions beg leave to act iSbove referred . to, plearly excludes tiro ; idea of 'thejr bejag; used, for; any other the retu been duly mlssiotiers them turns or even; have 'had an v official knowledge of the facL Even , if they had differed in many respects from the' returns made, we, think that officers, acting in a ministerial capacity, as . the Commissioners undoubtedly were, could not have used them ' to impeach the returns. if the returns were suffi cient in form, that is, if they set forth who were the judges, who were ; candi dates, and how many votes each re-i properly belongs." i - ; rmnirpd hv th. .fWtA.inw' rin1 denp",,,m,,u- " If we are mistaken . in this, then wo I ttiia inkntth .YfthnJ iAiltitifty? &UA '(.V1A , " ; - . v v O- w uv j I ' "is . u.Uf V only are possible in this matter : ' 1. To apply the law for contesting the seat of members of the General Assem bly, strictly in regard to time. 2. To follow this law in all things so far as applicable, strictly, and in mat-' ters where the letter of the statute can- report, in regard, to the contestnl5 eleo- ceived at a named precinct, at a given1 .lion from the County of Itpbeson, as . .follows: lT,..l i; f ...j;..,.. Jt appears that, at the election held in said county for delegates'to this Coriven tIon,'accordIiig to the' returns of the judges bfi election for the several pre i lncts of said county, the entire vote of the county was as follows r ' - r;nTt.i M.'ICorinent received 1,774 , . Neil,McNeil v . ... ,1,756 , u Dnncari Sinclair 1,737 if. I. Calvin A. McEatJdn f1-.' 1,718' . v This gives to! th0 two first nameil can didates an average tnajority over their coinpetitorHf thirty, eight vo.ets. , Upon the coming In of the returns of t ie several precincts alter the election, to tho Board of Commissioners, a ma jority of that body.refuaed 4,to count the returns' from the Townships known as Rurnt Swamp, Lumber Bridge,' Blue Springs and Britts, upon the ground that the poll-books. of said towiiHhips had not been 'deposited .with the Ko glHter of Deeds' as requirel .by law. These. facts are' 'apparent fnm the 'transcript of the record by said Bard "of Commissioners 'certifietl by their Clerk -under the seal of the county which is appended hereto and marked A," which is referred to.Jas a part of this report.. . , . , . . . The renult of tlie exclusion of these townships was to retluee the nuiuber or Votes cast for the teveral candidates as follows : ; Tliat of " i r ( It. M. Noiment was retlueeil by ; ' 571 Neil McNeil, " 658 Duncan Sinclair, .." . ,355 Calvin' A. McEacbin, " 344 Ihcso being the number of votes cast Yor the several 'candidates respectively In the four rejected townships. ' In our opinion ' this action upon the iart of the Board of Commissioners was unauthorized and unlawful for the fol io wing. reasons:; . : . IWedeem it undeniable, that the Board of Com missionen in canvassing the yote. acted, in a, purely ministerial capacity, Jiaving no discretion to in quire as to the legality or illegality of any v'oto or the regularity or irregular ity of the election at any precinct- but that, the limit of their authority ' was to determine whether the returns troni tho various precincts were formally suflQ cient and what was the entire number of vptes cast for each candidate in the county acoording to such returns :-rr In the words of the statute--"U add tho number of votes returned." (Bat. Rev., ch.' 62, sec 21:) If. That the' poll-books of the va rious townships constituted no part1 of tle return required by law to bo made by the Judges of Election, of the results thereof, and the fact that they, were, or election the canvassers could not go behind such returns nor question in any manner, their validity. . j ahmiltl crivA nntW nf h! intontlnn tn'l SOnS tO 'nOIU Se&t&nn at' CbUVentioh of contest as lbngbefore the assemblingof tho pS$jp4S of thefate an bpen question the Convention, as' he mlgh esohahiy; inNor'panaanerhe example of do andif the member holding ftcertf-l oConventionVof 1835, lSGlndlSes. ncatg desi red' to resist su6b claim, 'that We therefore conclude th'aC in our he ihust witm' reasdhible' time giVe opinion, the seats of the sitting) 'mem notice of his grounds of objection to the b1?' ttom Jhe opunty ofBobesoni 'Dpn- not, by reason of the manner In which contestant's claim" f t, strikes us that! ,can Sinelar a.nd Catvi '4, c$&U,, this body Js , constituted, be strictly ad- any other view would ; be 1 inconsistent should lis declared yVtcant and? ibat nerea u, 10 require such substantial withTjustice and fairness and utterlv r",c,,ara Mi ienxana Hwi'MOeiit compliance therewith as will allow. ; , ' 3. To wait for the ; 2 . r adopt a series of rules , coniroi proceedings m case or a eon- ture Of the' contestants claim, and hae a! We would call attention also, to the tested electibh, and ;then, stlUrtherl suffiyenVoppqKunlty fact that the entry made by the Board of Commissioners as certified by their Clerk, in regard to this matter is clearly false in fact, as shown by the copies of the returns, and so inconsistent with itself as to force upon the mind of any delay the determination of the question until those rules can be acted on by the claimants and contestants. f !f ? : The statute .which controls contests of this character in the General Assem bly is 'embraced' in the 42 section of jthP .sarae.H This v isj arequiretLjOf: both1 claimants If - they ! mean o defeat the J. J. A" 1.1 laUMi i ijbu fun ' LiiCHAMBEBBiYINI o. wiiicox; Ji r thinking man the conclusion that their chapter 62 of BattleS RevisaK whlcti js wciioii whs iiu iuisutKe vi tueir uuiy out, iu tuesa wurus ; a '. delibeinte and intentional fraud! How honest men or men willing to do their duty fairly, could have brought themselves to certify that "the Returns" from the four excluded precincts show ed "that no votes had been cast in either of said ' precincts' passes, our compre hension !To our minds, the language unmistakably shows a guilty conscious ness engaged in a lame attempt to cover up a fraud of the most glaring and in famous i character- a species of fraud fortunately very rare in our State here tofore,, and an instance-of such fraud rarely equalled in boldness and enor- ity in the palmiest days of ballot-box stuffing in the Northern cities ! J! " ' On the 10th of August, the persons claiming the seats or the sitting mem bers served upon them a notice of con test under Ihe provisions of the law regulating such contest for seats in the General Assembly. , (f , . fto little, diversity of opinion has arisen among the committee upon' this subject. Without entering into a full discussion of this phase of . the question submitted to us for consideration, we would beg leave to say iy - i ? i t . I , , I. That we do not consider this a case of "contest" coming under the provis ions of the statute at all. As the Ro mans long believed parricide to be an impossible offence, so the 'Legislature of North Carolina seems never to have contemplated the -possibility of such outrageous, conduct upon the part "No person shall be alio wed to con test the seat of any member of the General Assembly, unless he shall have given to the member thirty days notice thereof In Writing," which5 must state the par ticular grounds of such contest. ; If the seat Is contested on account of the receo- tion of illegal votes, the notice must set forth the n um ber of such votes.by whom jgiven, and the supposed 'disqualifica tions; and if 1tbe same is contested On account of the rejection of legal votes, the notice must give the names .'of - the persons whose votes were rejected. J -'No evidence shall be admitted to show that the contestant received illegal votes; un less he shall also have been notified the same number of days, and in the same manner; The same notice of time and place required in taking deposiaions, at law, hall be required and proved on the investigation. - .-: - Has that purpose beenaccompjished oi jwX W4fMt,v jA.-U4l In this instance ?-The notice of the con-' ,,iixl 4"ili 1 VUt f r testants herfo'attaclia'and marked! iaus$riplfc 'tiqcbrdJrilib , UuUuUJr-wu boarfl0 commisslo claim, ana wasciven-at an earl v a dav'b,,rs- ,)X " . ... r. ....... '. ! 5 . ' - .1 .. . as could have nbeen expected. In fact,; under, ordinary. circumstances. it Would be deemed unusual promptness. ' Upon the eleventh day of the session,1 when the matter had1 been 5a matter of J - 11 .J . . A . uauy; . uiscussion, upon, tae , uoor.: ot .the Convention ever' since its organization, and 'Sf hen the ias Mb on"befQ the comniUtee for a week the sitting mem bers came before the com m tttee and fil el k ramie returns oiriioennni in the eleven t(nvnsiiif4,u tlie votesoi'whicli ivero. counted fbythe,Bbard;l' " 1 mr-rri viL .. uivu j white house . TdwxsSnijp'; t ? Br Duncan iSinclair; i jj.,;. , m ;(,CalvInA!McKachirvi. -M xiavai, if It- ly tr, "KT .,84. ?. fi? Mi Mfflm Poll, inspectors iejruieu,.aii jansflf sengf pp. ertaip; iUA w , apwubjup; ao icertiry grounds of resistance tothebohtostants' ' Sat th above U a, corifecti statement of claim. tJf thK'it'Wai hot WalhiedHh: iy,' any notice ha.d.been. given tq ejthearQf Floyd, ,Wf D- Nance, tlenry FJo3'd, the contestants previoust tai that; time, 4 : iiiiU jrTt;: ' -'' I bdu fcueir wuusei evn scaiea'inac iney I I. ..r i 'WtShaETS Considering the three possible courses had not fully completed their arwr at StItbof ort'Clina ')'. above suggested in connection with this that,time.j(iA popy; oftbiS;pa.per isjap; ii? ,R9lespfJquptyf,;...t j v, lf, statute, it becomes ' apparent that a Ponded and marked .'V It was Utr hS-0 '''fil?-??in strict compliance in regard to the length mm ofAuS& of notice required would In this case be .ruo u W. ;WtyeJtma impossible because of the proximity: of Slven to the'clainantsJt n'i;M'' the election to the day fixed for the ' We are of the oMnlbnV that s'neh ;neg- r Br. puricaSinclalr Teive,,: i33 .i Calvin, A Mnlliln. m olltlnirnf tho rnntranMnn Tf nr.n1.1 1. I leCt UOOU 110 OarC OI tUO filLLltl'V TtlfirYI. 1 ' Vfll Ht'-V.lll . ..'4. wb.u v iuw vuuvu . a m . wuxv& uir i i . ... 1 : o : - - i a.- rui 1. 1 my f I u . - r w " 21 feat all possible contest and -leave the absolute control of the membership of the' body in,, the Commissioners or eral counties, and of the people. , An evil so flagrant no mind can for a moment entertain a thought of its adoption by this Conven tion.' :' :'-;- "f'K.. ' The third proposition Is hardly' less mon decency, to exclude them from any f lSiSIC H. Todd, (seal) Randolph lialbftherf;"'' (seal) tinnria-nf Vio riTVifr I oerence other man a direct der Sheriffaof thesev-r grouPa ?i .c9Rfsfset form in ecpn: I Registrar, .... . utterly defeat the will testants noUce;, .i'ir - - -m, m,; . v I i I war-rtn nnf! IMnlr'fh.H Knn1Al 1 .1111- II ril' THOMPSON TOWNSHIP, . ... I JLUU UAW WU1WU w ' n uum 1 DUUCI lull .via ywli vyt i n o. rim .(.lKlrt I w ' honorable position of County Commis sioners. The law contemplates but t wo grouncs of contest, (Bat. Re v., cb. 52; sec 42,) to-wit: "the rejection oi legal votes' and "the reception of ille gal votes." The contest makes it clear clear that this refers solely to the action of the Judges of Election. ' In this case it is not claimed that any legal votes were rejected or illegal' 6nes received. The claimants set up no such facts, but assert instead that after said votes were duly east and counted and returned, they were deprived of their proper force and effect by the fraudulent action of tho Board. We think that in this case had there been no notice of contest perative would be such as to preclude all hope 1 of successful' contest' in .any time which it might be reasonably, ex pected that the Convention should sit. The analogy between -the organiza tion of this Convention , and the House of Representatives of the General As-1 done otherwise seems to us unpleasant? sembly, is very great. The act of au- ly suggestive of an intention akin to thorization refers in every ins tance to that which marks so; plainly the actiori the House in prescribing the machinery of the Board of Corumissioners. . . , of the election,' the qualifications of the -Again, it should? be noticed, that the delegates, the method of return, the I sitting members do not ask such oppor lowed t6 6ome In under any trickster's plea of not knowing-;what-;pourse to pursue, and in the middle of the session ask leave to; consume 'the 'rest bf'tbe 4.1 ax. . j 'iJi (1 , - - , I r ecersnyinai; meioregoing is a true time the body inAy sit, ini vague, search account of the votes polled: In TholnpT of somethini? i which, niftv or, m'aV nnt I son's Townahio. Ancnst sth'dwr. ' n exist. .Ifthey desired to impeach the de1cPfo,S0niVen?-' " 4 votes received ,th6 conies the W&l? Wes"V' should have giyenthem noie iat, an t ; ly , 's K" Jf early. dayV in. order, that thla question. lumberton toNW H 5 1 might beadjudicated immediately upon :yXk ecliotl held'in the1 Courthouse the sitting of the Cton vehtion; Tb hive lriXumbeitohbh7ther 6th ' day1 of Au- O . , . v kuw VLIUQIU U " tional Convention,-the following per sons received .the following, vptes t Duncan Sinclair, y 7' ;. '100 ' Calvin 'A. McEachinl V - W. I . i m Richard MNoftnentL"" Af rl, ioif' Neill McNeill,- ' '"' wtt.z 18 We the underaleneirJ'lVfitnA t.Ari manner of certifying the election all I tunity upon any stated ' belief "of the I Judges do certify that tlieWithljirethHiM nrewrntciBS WUnreU DT US anU Signed thef5th dayor August,lS75;f' ' - (Signed) KJK. Proctor, Register j'Kdl McQueen, J udge; W. p; Barnes; Judge1, ''-. it ;- f h j "i.f:u.'i --i -uJ . )tiL' H t AIFORDS VILLE .TOWNSHIP. Vili STATB OF NOBTtt CABOLflTA,? ' ''"' Robeson County, August 5th, 1875 o - wo uiiuvrnigueu managers 'ap pointed to hold h -election irr Okllbrifqi are taken, from the statute providing for the election and . organization of the House not by transcription, but by ref erence merely, to said statute. Can it be,that this close and striking analogy did not ' press itself on the truth of the assertions contained in the paper filed as an answer. , . : 'ku- J They do not come upon affidavit set ting forth their belief in these allega tions. They are merely the empty pleas of employed, counsel They ask this were not "deposited with tho Register j whatever, it; would;have been , the duty ' r . V " V,' 4U Zi - " T CODS"ie minds of the sitUng members when on favor without establishing , even a pro of tho returns from the various pre- I the record submitted when thev offered I .1 2 in(. a, t i5 , - ,, T - . I . . . " . the 10th of, August they were notified sumption of the truth of the allegations cinciH, was a matter aiiogemer ioreign inemseives to do quaimea as delegates. - . . . 4 I 'kA tW . ., .. - , f , . . . , . . of the . intention , of tho contestants to I in the document they file. They do not J ville Townshiorcro dAiPrrfA ' tA44A. to the aetion r dntv of the Commla-1 and noon oercelvincrtherphthA fraii. . ... . . . . . . .: . r. " " 1UB "vus'Wf.wr'awegaiM'W ttlarfr; . ,. . - . . . . , " -f-r. r. ciaim ineir seats 7 uan it be, that they even state racts wnicn irom their na- sioners, ln regard to-the return We ulent character of the cerUficates they were not put upon the 2uf riW in re ture could hardly i be known to them a stxengUiened In-UiiH vier bythe presented to have vacated their seats to the defence of their 1'riglits? personally, upon information and be- ""'K" "w "wuie, xwu, vov. cu. anu quaimeu in meirsteatt those whom r-nn ihia rnnvfint;nn ,rtf- isr Thflw WOroiv h ,i,r,wl Convention, make the-followinflr renort of same: . . 62, sectiona 11-21) which, it will be seen directs the auie. persons, to-wit: The Judges of Election to make "returns" to the Board of Commissioners and to "deposit" the poll-books with the' Re gister of becds." By reference to the Constitution art. 8, see, 2, it will be ob served that the Register-of Deeds is b3 no meins an . adiunct ; of tlie Board of Com'miKsioners, . but rather that the the record showed to have been in fact entitled to-hold such certificates. - We are of the opinion, therefore, that the law governing contested election cases in the General Assembly has no bear ing upon this case. " ' 1 We are greatly strengthened in: this view oy the distinction made in the WW VM3W I . . , . . ...w. to claim language or the artinciaipieaqer they ' ad- tVert": . ..,".V...:t: ' ru ,iy gentlemen any disinclination whatever legal right or technical vantage they Jnay have had, or a mod esty which .would cause them to hesi tate in regard to the course they should pursue? ; -i if- dlar'i:;' (U it seems to us, that they should be want time how to go to 1 Robeson tou'n1' h.el4 W hive been fullyjln tybiinriU Jyyamps nabcp its For Cj Ai'MeEachln; v( t.,a j 140 r ,For Neill ceill.,. jo. 1 V rt We certify bat the abo.ve is just and true j statement, o the, jVotej piled in . ... . . . . . . 1 1 . i . . . 1 i t Aueniion suouiu aiso oe given zo tne 1 MiorusviueiowBsmD. , .(.,.,..t "fact that the'allekationbr filegalotes M n1f4t4 MelUe. tRandolpliiatn, do not sp'ecifvTthe naWofVsinfile;one f?&Ste r.5f j of said voters. Do the sitting ineuabenr IJ.,Morrison-J- P. .... , 1 1 , . rk - ft a . jjriusn .A-ariiamenv between Veontro- ";-. - .' ill. : " ' . k -xrr-r.in.j cr ir , r:rri 1 o Wiu,ouii, . verted returns and contest clerkship of said' Board. U merelv c.o - Vk' ,i.,. , rwuxiauie uuigence in securing, the not bfe able Ho verify UhofrewildT sur- Iwtor the names of those who votet .. ... . Li.'JhMllJt J-! rue voted at l&rttiTnZ'Z fto". rights' theylcWm .'tiu.t-.tteyaiTouri miT A.' claim iin orfoplp.op. Htlon box;for tho follons p6-lki Wpit tbWeinrdi of 25 ;r;;Xf .7.7' r., 8 m7 h" fi;toir Uon iq ll nU none of the attriboWntltlinBrii 4o' KTOSrt&wffifeSHia : .1: J v? . , I luP,I,,mis ol,an eier1??" that, the peti- spects possible with the stain 1a referral 1 rwrtiT .... .. - - ' . wuww. . v v. v. . m v Hut au atf I v.. m mm m.m. m mvuMUlll m Mm4 ' 1
Daily Constitution (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Sept. 25, 1875, edition 1
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