The Durham daily globe. (Durham, N.C.) 1889-1894, 1892-12-03
SETTLE GETS IT ALL !
He Is to Be Our Next Congressman
from This District.
And All People Agree That He Sboald
Represent Is.
THE BOARD SAYS THAT HE WON
And All of This Is Because Badly Will
liams Flirted with the Other
Fellows Too Much.

The State Chronicle says: The board
Of state canvassers having fixed 10
o'clock yesterday morning as the time for
having the Williams-Settle congressional
contest over the returns from Stokes
county, in the fifth district, the board
met promptly at the hour appointed. all
the members present. Mr. Williams
was represented by F. II. Busbee, ESQ
| Judge T. B. Womack, Ed Chambers
Smith, Esq, and Mr. Settle was repre-
sente by Major John w. Graham, and
Platt D. Walker, Esq,
Secretary of state, Coke, submitted a
bundle Of documents addressed to him
| from the board of county canvassers Of
| Stokes county which was opened and
read. There were numerous affidavits
| from a number of the Stokes county can
vassers and poll holders Of the several
| precincts in Stokes county, setting forth
that there were gross irregularities and in
| some instances actual fraud perpetrated
| in COvingtOn and other precincts, and
! that large crowd of determined and bOis-
| ferrous republicans thrOnged the court
| room at DanhurY, Stokes county, where
| the board Of county canvassers was in
session, and by threats Of blood shed
| the board was intimidated from max
| ing a fair and judicial investigation of
these frauds and irregularities. That be.
| cause Of these threats and the disOrderly
surroundings they were compelled to
| take the returns as they came to them
and count them without any inquiry as
to their correctness, and in consequence
of such intimidation the returns sent to
| the secretary of state for the state can
| vassing board was not fair, correct and
impartial return Of the honest vote of
| Stokes county.
| After the reading of these aftidavits
the board retired for consultation, and
determined they would hear any afi-
iavits which might be presented from
any member OF the Stokes county board
| Of .'anvassers, contrary to those already
| read.
| Major GRAHAM submitted three or four
| atfidavits from members of the county
Cauvassing board, setting forth that they
were not intimidated, or any attempt
made TO intimidate them, but that every
vote they gave, as members Of the Stokes
c punty canvassing board, was given
| freely and of their own accord and as
| they thought was right and correct
| Counsel were restricted TO lie hour upon
each side of this contest upon the ques-
tion of right to go behind the returns Of
the county canvassing board
| Major Graham then addressed the state
board upon their right TO go behind or
into the examination of the correctness
| nf the county returns from Stokes county,
taking the ground that the state board
had no such power, but simply 20 can
vass such papers as they had before them,
coming TO their hands through the regu
lar election machinery of obtaining re
turns from the various counties; that
they had no power TO go behind the re
turns beforethem they were simply can
vassers of the correctness OF the additions
and the compiling of the votes TO ascer-
tain the aggregate result of the election
| in the state. Major Graham held that
the board of state cauvassers could not
20 into judicial consideration of
whether or not fraud had been perpe-
trated at the polls. The board of state
canvassers is only ministerial board TO
canvass the returns. Many cases were
citel.
Mr. Busbee, addressing the board, held
that under the laws OF many states, a.
cited by Major Graham, board Of state
canvassers were simply ministerial, but
by statute OF North Carolina the can
vassing board under the election ma
chiuery was given powers 10 iudicialiy
determine upon the returns coming into
their hands 10 be canyassed. Comment
ing upon section, 1904 of the election
Law, he held that judicial powers greater
than in any state in the uniOn were con
ferred upon the county 7vassers, ana
hell that the board OF state canvassers