The state chronicle. [volume] (Raleigh, N.C.) 1891-1893, 1892-12-03
THE CONTEST SETTLED
AND "BALDY. WILLIAMS is
COUNTED OUT
After DeyOtiDg The Day 10 Arguments
aud Testimony the Returning
board Declares the Repubii.
can Elected From the
FIFTH District

can Hfecteu rom the
Fifth District.
The board OF state canvassers having
fixed 10 O'Clock yesterday morning as
the hour for having the Williams Settle !
congressional contest over the returns
from Stokes county in the fifth district, /
the board met promptly at the hour ap-
pointed, all the members present. Mr. I
Williams was represented by F. H. Bus /
bee, ESQ, Judge T. B Wamsck, Ed. /
Chambers Smith, Esq and Mr.. Settle was ,
represented by Major John W. Graham,
and Platt d. Walker ESQ.
Secretary of State, Coke submitted
bundle OF documents address.d t. him |
form the board of county canvassers Of |
Stokes county which was opened and
read. There were numerous sffidavits
from a number of the Stokes county can
vassers and poll holders of the several
precincts in Stokes county, setting forth
that there was gross irregularities and in
some instances actual fraud perpetratei
in Coviugton and other precincts, and
that a large crowd determined snd bois
trous republicans thronged the court
room at Danbury, Stokes county, where
the board of county canvassers was n
session, and by threats of blood shed tie
boaId was intimidaied from making
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 with,
out any inquiry "a to their correctness
and in conse9ue ice of such intimida
tion the returns sent to the secretary of
state for the state canvassing board was
not a fair, correct and impartial return
of the honest vote of Stokes county.
After the reading of these affidavits the
board retired for consultation and de-
termi ned they would hear any affi1 avits
which might be presented from any
member of the Stokes county board of
canvassers, contrary to those already
read
Majnr Graham submitted three or four
affdavits from members of the county
canvassing board, setting forth that they
were not intemidated or any attempt
made to intimidate them. but that every
vote they gave as members of the Stokes
county canvassing board, were given
freely and of their own accord and as
they thought was right and correct.
Counsel were restricted to one hour
upon each side of this contest upon the
question Of right to go behind the re
turns of the county csnvassing board.
Major Graham then addressed the
state board upon their right to go be
hind or into the examination of the cor
rectness of the county returns from
Stokes county. t9king tie ground that
the state board had no such power, bu.
simply to canvass such papers as tpey
had before them, coming to their hands
through the regular election machinery
of obtaining returns from the various
/ counties; that they had 40 power to 60
behind the returns before them; they
) were simply cauvasseTs of the correct
ness of the additions ard the compiling
of the votes to ascertain the aggregate
, result Of the election in the state Ma u
Graham held that the board Of state can
vassers conuld not go into a judicial con
consideration of whether or not fraud
had been perpetrated at the polls The
board of stare canvassers is only min
A isterial board to canvass the returns
Many cases were cited
Mr.. Busbee, addressing the board, held
that under the laws Of many states, a
cited by Major Graham, boards of state
e canvassers were simply ministerial, bu
] by a statute OF North Carolina the can
E vassing board under the election ma
chinery was given powers to judicial,
t determine upon the returns coming int
S their hands to be canvassed. Comment
ing upon sec. 1894 of the election law
e he held that Judicial powers greater thai
t in any state in the union were c"nferre,
upon the county canvaesers, and held tha
the board of state canvassers also ha'
judicial powers resting upon the n to in
quire into the honest. fair and legal &C
of those who prepared the returns whicI
they are called upon to canvass and c0un
| as part of the honest and fair geners
, result. Mr.. Busbee, during his argu
meut, most scathingy arraigned Thoms
Settle, solicitor of the ninth judicial di.
IL trlct, for his conduct before the board {
county canvassere of Stokes county, pro!
Is tituting his high judicial position rs 81
licit1r and as candidate for such g
, honorable and high station as represer
% trtive in the congress of the Unite
y States.
Judge T. B. Womack followed NJ
~ Busbee in behalf Of Mr. Williams. B fol
i' going far on his argument the board il
.e :. terrupted him, requesting to hear fro
:, ~ the other side upon the legal question
~ ~ to whether or not they were cnmpelle
- to be bound by the returns submitted,
x whether or not they could send for Il
VI Stokes county canvassing board and j
dicially determine whether the returl
he before the state board are true returns
} not
IS Mr. Platt Walker addressed the boa
upon their judicial powers-holding tn
II this board could not @ behind tue 7
ip turns certified to them by the clerk of t
Z court of Stokes county. Mr. Walker he
us that the state board could not 90 behil
the returns submitted to it but must d
eide all questions upon such retur
from its face alone.
At the close of argument at 2 p. n
ne the boa,d adjourned till 4 o'clock g.
'es asked counsel to be prepared to addr,
eu them upon the questions: What IS d
alf ress and intimidation sufficient TO ma
;e. returns invalid; also, does The eviden
ny provided here establish such intimid
iei ton or duress
- EVENING SESSION.
At 4 o'clock the board met pursu ant
ed adjournment and Major Graham read
1t large number of aftidgvits from citize
a of Stokes county setting forth that Ii
had seen nor heard of any armed u
being at the court house in Danburv,
did they know of any threats or intir
ate dstion or attempts to over awe u:
against the county canvassing board
the Stokes county; also an affidavit of
md Settle. Judge Womack then read
the affidavit of A. NJ. Stacks, Of St.
ton county, who was one Of the democra
ON candidates for the House of Re epreser
00o tives IN the General Assembly
hey Judge Womack, for Mr.. Villa
$50 opened the argument upon the two q,
els tions submitted by the board, to-wit
and 70 what constitutes duress, or iItimi
tba riOn