The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1893-02-02

! orator.
Mr.. Pettigrew said it seemed to him
that the evidence had not been set for
ward too clearly, but according TO the
law the majority report was just. The
law in regard to registration was cited =,
especially Harris VS.. Scarborough. The
admission Of counsel weighed heavily
in the case. According to that adj
mission III illegal votes were cast for
Henderson. This address is able and
we'll delivered.
Senator Pettigrew ranks with the
most useful members of the senate. He
bears an honored name and bears it
well. His style is judicial, calm, COL
lected and clear.
Mr.. Olive had tried to consider the
question fairly. He quoted the old
couplei:
II slept and thought that life was beauty,
/ woke and found that life was duty. y"
! He was member of the committee,
and said that the committee had care
fully and conscientously done their
work. He had been perplexed to
decide as to this matter; he had no
doubt tina. Henderson received those
votes, but these votes, after carefully
considering the evidence and law, he
considered illegal. He would stand
by the law, no matter what the per-
sonal consequences might be. Mr..
Oliver spoke in an earnest, straight
forward, convincing manner and very
tavorably impressed the senate.
Mr.. Jones arose in his own defence,
and read the report OF the Supreme
court of North Carolina in the case of
Harris VS.. Scarborough, cited Clark S
dissenting opinion in support OF his
position. He applied the law in this
case as he took it to be. Where the
voter is kept away by the fault of the
registrar he is not an illegal elector.
Mr. Day said Mr.. Mercer had at
tended the session of the committee at
which the evidence had been given.
Mr.. Posey said he had not taken
"sides" in this case, but he had con-
sidered this impartial.y. He cited a
decision of the Massachusetts, Supreme
court in regard to the law of registra-
ton. A man must be qualified before
he is allowed to vote. There has been
no cross bill filed by the contestee and
this body as a jury must judge simply
of the legality of Henderson's votes.
Mr.. Cranor, the chairman of the
committee on Privileges and Elections,
arose in defense of the report of the
majority OF the committee. Consider
ing all the evidence and the law in the
case the majority of the committee had
conscientiously filed the report stating
that Leach was entitled to the seat.
He spoke we'll in support of his posi-
ton and seemed to have given the
subject thorough and fair consider
alton.
Mr.. Little said he ha! gone through
the evidvnce twice he could not find
four hundred illegal votes which were
proved to have been cast for Henderson.
Prescriptions will not do TO rely upon.
Unless it was admitted that all persons
who had been in the habit of voting
the republican ticket voted it at this
election, the evidence of the committee
was not positive. He favored follow
ing out the law and if the evidence
had been conclusive he would have
been in favor of the seating of Mr.
Leach. He spoke earnestly in favor
of the minority report and was one Of
its stronge / sustainers.
Mr.. Owen thought the senate should
pass upon this question without refer
ence to the indication of any COM
mittee. The majority do not allege
that any illegal voter voted it was all
in regard to the legality of registra-
ton. If there was any violation Of
the law by these voters it was purely
technical violation. He thought he
had a right to vote conscientiously
and justly in this case. This was an
able argument in favor of the minority
report. Mr.. Owen spoke candidly and
clearly and made fine impression.
Mr.. Pettigrew again presented the
point of admission OF counsel before
the committee in an earnest way.
Mr.. Sandifer said the minority
denied the admission of counsel.
Mr.. Day said the admissions had
been admitted and recorded.
Mr.. Patterson asked what the admis-
sion of counsel was. Mr.. Posey re-
piled that the admission of counsel
was that, according to Harris VS..
Scarborough, the votes cited were cast
illegally; the admissions were read.
Mr.. Sandifer said the counsel for
the contestee was now in the hall and
denied making such admissions.
Mr.. Posey said the counsel had not
denied these admissions before the
committee.
Mr.. Patterson said he took it for
granted that the counsel for contestse
had not given up his case before the
committee. He went over the vote
carefully and saw no reason for the
unseating of Henderson. He said the
members had quoted legal decisions
and hurled them across the body until
it reminded him Of an irresistible
force meeting an immovable body"
He thought the majority report was
Mr.. Patterson presented his views very
impressively and was colsely listened
to.
Mr.. Parrot said he heard no such
admission Of counsel as was alleged,
and he had attended every secession
of the committee. He favored the
minority report in a short, clear cut
speech.
Mr.. Sandifer sent fOrwardthe reso-