The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-10-01
TWO JUSTlCESK THE FIFTH
Candidates Smith and Black Hold
Separate Elections.

Place and REFUSED 20 Get Oub
Magistrate on Hand TO Conduct the
Election and Each Side Went at it
its own Way-A Quiet Day at Both
Polls.
Two Justices Of the peace were elected
in the Fifth district yesterday, according
TO the returns of the managers.
Both Mr.. Smith ana sam Black are
elected according 10 the returns. Two
separate elections were held, however,
with separate ballot boxes and separate
managers. The friends OF Mr. Smith
voted at one box aud the friends of Black
at the other. MIR. Smith received 81 votes
at his box and Black received IS a. the
other box
When Mr.. Smith and his friends ar
rived on the scene at the magis srate's Of
fee on the ThunderbolJ road, al which
the election was to be held, about $50
O'Clock Yesterday morning, they found
Black and his friends in possession of the
Office Judging by appearances they
had spent the night there. 10 was
the same thing that Lord Cole at
tempted at the last election, only
the Black party held the fort yesterday,
which the other failed in doing at the
previous election.
WOULDN'T GIVE Up THE OFFICE.
Black and his friends declined 10 give
up the Office and it was decided to await
the appearance of Magistrate Blois, of
Isle of Hope, who was to conduct the
election No managers Of the election
had been appointed by the county com
missioners as had been anticipated and
there was nothing to do but follow the di-
reCtiOns of the code, which says that an
election to fill the Ofice Of justice of the
peace shall be conducted by the other
magistrate of the district and two free
holders of the district or in the absence
of the magistrate by three free holders.
When o'clock arrived Magistrate
Blois had not appeared. The Black
party announced its intention of follow
ing the code and swearing in the three
free-holders to conduct the election. Mr.
Smiths friends claimed that in case of
the failure of the magistrate TO appear at
z o'clock it was necessary to wait until
10 o'clock, when if the magistrate was
stiIl absent three free-holders might be
sworn IN to conduct the election.
The law is rather obscure on this point
The portion of the code
referring to the election of justices
of the peace says nothing
about waiting until 10 O'Clock in case Of
the absence of the magistrate, but a
reference is made to the sections referring
TO the election for members of the legisla-
ture, where it is prescribed THAI in such
case the polls shall not be opened before
10 o'clock.
PROCEEDED TO BUSINESS.
Blacks friends did not parley long on
this point. They were in possession of
the Office. and they proceeded to swear in
Samuel McFall, T.. Il. Sanders and Benia-
min Ficklen, all friends of Black, as
managers. A kick was made by the
friends of MIR Smith, and the
latter was asked TO name a friend
TO act as manager. Mr.. Smith
named Mr. H. j. Winkers. Mr. Winkers
SAID he was willing to serve, but could
not take the oath, as he was not a free
holder of the district. This shut him out
Mr.. Smith then named Maurice Butti-
mer. He declined to serve with theother
managers, however Another party was
named by Mr.. Smith, but as he could not
write his name he was refused by the
other managers. The Smith party then
withdrew and Black ordered the
three managers, already sworn in, to pro-
coed with the election.
1t was said by the other side that Black
stated to the crowd that the only qualif-
cation necessary TO be a voter was that he
should be a negro.
Mr.. Smiths friends protested against
buC legality OI tue proceeding ana then
left for the city to consult Culinary Fer
rill and confer with Mr.. Smith attorney,
L. 5. Morgan, Jr., Esq
ANOTHER POLLING PLACE OPENED.
As the result of their conference
with these two gentlemen, they returned
to the scene at 10 o'clock with a ballot
box and the registry books from the
county commissioners Office They then
proceeded to open polling place on the
first floor of house owned by Mr. Smith,
about twenty feet from the
party was installed. John D.
Gould, Henry Sack and M. j. Beytagh.
were sworn in as managers, and H. j.
Winkers, J. F, O'Sullivan and Il. Ponder
were appointed clerks. After about
twenty minutes it was decided that it
would be better to move out on the open
space adjoining the magistrates Office
Whether this was done with the intention
OF getting as near the sacred seat of
justice as possible or because it was pleas
anter in the open was not learned An
awning of a tent cloth on poles was
erected, under which the managers seated
themselves with the ballot box.
QUIET ON BOTH SIDES.
The two rural elections proceeded in a
quiet manner and without the least fric-
tiOn. In fact disinterested observers
gave IL as Llelr opinion that it was a
great Improvement on the previous cleo
ton when only one box was used, as all
wranging and disputing was saved. II
was suggested that the separate box sys-
TEN be pursued in the district hereafter
The two boxes We're known respectively
as the Smith box and the Black box, the
friends of the two parties named being in
undispuued control of their respective
boxes. Only white voters voted
at the Smith box. and only colored
voters at the Black box. The Smith man
ayers had regular ballot box aud the
county registration lists, while the
Black managers used a cracker box in
which 10 deposit the ballots, and depended
upon copy of the registration list
secured by their candidates.
MAGISTRATE BLOIs SAYS IT ALL RIGHT.
Magistrate Blois arrived on the scene
about 10 O'Clock. He expressed his APP
proyal of the whole affair, and refused to
have anything to do with either election
Mr.. Bluis went on to the city and con-
ferred with Ordinary Ferril, but did not
arrive at any conclusion. He afterwards
returned TO the scene and spent some
time watching the proceedings Mr.. Blois
declared that ties whole affair was lie
gal In the tirsBElace. he said, that the
ordinary exceeded mis- authority IN order
ing another election it beng his duty
simply to ascertain who was elected at
the DreViOTIS election and T., dp.la ,.a ~, a