The state chronicle. [volume] (Raleigh, N.C.) 1891-1893, 1893-01-26
Warren county. and that 967 votes were

him for member of the House from said
county.
That at the same election l, 167 votes
were cast in the various townships in
Warren county, and counted for ]. II
Wright. contestee, for member of the
House from said county, and that con
5estee has the certificate from proper
| authority and is now seated as member
of said House.
That al said election more than enough
| illegal votes were allowed to be cast for
said Wright, the illegalty complained
OF being insufficient and improper regis
| iration, and that If the list be corrected
and the illegal votes disallowed. con
testant will be found to be entitled to the
seat as member Of this House from War.
| zen county.
Contestant further claims that he has
set forth in exhibits attached to his pc
sltion the names Of the persous so illegally
9oting and showing the particulars
herein their registration is illegal and
void.
The points of contest apply chiefly to
Warrenton township
(The discussion extended until the
hour of p, m. was so voluminous that
it is impossible to condense our notes
into practically ineligible shspe Only
extracts can be given. The discussion
will be resumed on Thursday mornings
session)
Mr. McNeill, chairman of the com
mittee, opened the case on the part of
the msjority.
He spoke like the sound lawyer he is.
q gentleman of fiae presence, pleasing ad
dress, clear and logically
He said there was no allegation Of fraud,
only a question Of fact. He was very
particular in explaining the conditions
out of which the contest arose. II had
direct c3nnection with the system of re.
gulation. In the early days Of our com
monwealth there had been no legislation
on the subject of registration, no reference
to it in the old constitution, or the
changes in this 1t was 8 part of a new
system. When the slaves became free
men, when power was put in their hands
ia the south as a dominant power, there
came registration, 1t is now prevalent
in all legislation relating to the suffrage
1t was only adopted by the people under
the suggestion of the republican party
with view to secure the doubted rights
Of the freedman.
As to the election enough illegal vote,
. can be thrown out to decide the question
The committee fad that prima fac a the
: contestee is entitled to his seat. The
contestant claims 109 votes when the
minority report admits only 100. Bat
, contestant shows list of votes attached
, to his petition, votes for contestant The
8 cOntestee shows no returns except from
, the canvassing boards which make a
prima facia case for the cOntestee, upset,
= however. by other returns. The minority
must show the evidence before the com
mittee is incorrect; the only evidence
now is that of the canvassing board. The
contestant claims that 12l illegal votes
we're cast in Warrenton township, The
contestee must show that that was no
= DONE
, There was a new registration in War
zen county in 1889 Ia regard to plac
Il iesideu ce there had been no cOmpli
ance with the law. The Supreme cour
was emphatic on this point in the cas-
:, of Harris VS.. Scarboro. 4 baf
- registration is no registratian a
all Registration must specify ex
actly the residence of the applicants TO
y registration. To say that he lived nea
y the Virginia line might be enough
- ''near Warrenton" would not be enough
= The court holds emphatically that fail
- ure to state the county makes reglstra
ton void. There is no politics in thi
= a case. There is no material difference a
to other townships besides Warrenton
T. There were SO votes legal, which entitle
contestant to his certificate.
/ Mr.. Fuller, of Durham, followed NJ
\ McNeill His speech was sn exhaustiv
d presentation of his side. MIR. Fuller
I one of the youngest members of tn
House, and was listened to with close a
"a tention He is self possessed, reason
Of we'll on his feet. is a fluent and eas
speaker, thoughtful and deliberate
e the presentation Of his views
Id He said that he had no view of disr,
ID garding the rules of registration, nor Il
decisions of the supreme court There
Of only technicality. He was willing
40 take cases as they are He cited Ii
he constitution. article 6, section 2 whic
go provides for registrations taking Il
oaths and form of oath, the oath to
I'd considered IN connection with the recor
m oath to be taken in regard to the wor'
K ing of the oath. The statute as co
as strued by the supreme court. gives re
re scnabe and just opportunity for groun
to of challenge for the purpose of the contr
of legal votes.
p Mr.. Fuller analyz zed the votes in t
N. townships.
,e There are no prcsumptious in II
,le case. There are presumptions VIII
ID. men in certain townships ask to voi
rer The presumption is that when men 60
Die vote their vote is legal. The place
residence is sufficiently declared by sts
'or and county.
oil The only point, IS far as the law in Il
ed case is concerned, is whether men col
all ply with the statu e or not, and that /
burden of the proof is on the contestal
out Mr.. Fuller extended his speech in
IS. specifications in regard to the votes ca
nat and holds that in regard to certain iiles
IN, votes cast in Warrenten township tht
re- could only have been 157 votes ileg
votes illegally registered, and claim
md that contestee had 1853 legal msjorlt
the M. Blair followed.
Mr. Blair speaks earnestly and del
ert- erately. He has a good voice, c.
ow vincing manner and, having clear c.
by ceptions of the subject he undertakes
Ar. discuss, he succeeds well in making o
vas ers understand his views. He is res
all dehator.
Mr.. Blair spoke for the majority.
an Mr. Kitchin followed Mr. Blair.
lee Kitchin reasoned we'll His speech '
tes- logical aud responsive to the issue
ON kept his subject steadily in mind 6
only left the direct line for illustrate
the to make it clearer. He received IN
ons yided attention, and his manner was
ity. usually clear and deliberate 1t wa
ESQ good speech. and was very favora
rity Commended after adjournment by OF
many who heard it
ing He said he had some strong cl
and views on the subject There was no
this tics in the matter only one of law ;