The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1893-02-02
THE SENATE CONTEST CASE.
LEACH VS.. HENDERSON.
Remarks of Members OF the Com
mittee and Others Both for and
Against the Seating Of Leach

Against the Seating Of Leach
In the contest case OF Leach against
Henderson for the seat in the Senate
from Warren and Vance, we publish
the following additional particulars as
taken from the State Chronicle:
The Lieutenant Governor announced
the special order, the clerk read the
majority report OF the committee stat
ing that Leach was entitled to the
seat. This stated that 1926 illegal
votes had been cast for Henderson.
This report John P. Leach, 1889
votes cast; Henderson, I,424 votes
cast.
Accompanying the report we're two
resolutions, one unsea,ing Henderson
and the other seating Leach.
The majority report was signed by
Messrs. Posey, Day, MacRae, OF Robe
son, Olive and Cranor.
The minority report protesting against
the report of the majority was read. 1t
was signed by Messrs. Parrot, Mercer
and oandlfer.
X =
Mr.. Sandifer opened the argument
in favor of the minority report He
stated that in his opposition ne was
acting conscientiously, in no party
spirit, and looking at the matter as a
question of law and fact. He thought
all presumption was III fAv,.i OF the Sit
ting member. Henderson received
3o1 more votes than l., n and ne
thought tina. the proof h e.: lot shown
this majority had been 49,, come. lie
rected at length the We: IT the dit
ferent townships and led that IT
every contested election vote claimed
be taken off Henderson would still
have 70 majority. He discussed fully
the question of the residence of voters.
From the facts and the law he con-
Guided that Henderson was justly en-,
titled to his seat. Senator Sandifel
spoke calmly and bis speech carried
with it sense of honest conviction.
Mr.. Posey defended the report o.
the majority. The committee had
weighed we'll the law and evidence.
He was willing to abide by the law as
laid down by our Supreme Court; the
case had been considered carefully
and calmly and was acted upon
in all sincerity and justice. A man
who is improperly registered is not en-
titled to vote. If he is not regis
tered legally he is not legal voter.
He argued against the point OF resi-
dence made by Mr.. Sandifer and
thought the exact residence Of voter
should be stated. He was for the credit
OF our grand old State and for the in
terests of her noble people.
Senator Posey has strong minds
and strikes hard blows. Any cause he
champions has a fearless defender. He
is bold, aggressive debater, and does
not spare an opponent when he catches
him tripping. He is popular with his
brother legislators.
Mr.. Jones said he was & member of
the committee on privileges and cleo
tons, but not being present at the
meetings of the committee he had not
signed either one of the reports. He
had examined the evidence and was
we'll prepared to vote on this question.
The burden of evidence is with the
contestant. The whole matter hinges
on the question of the legality OF Hen
derson's $50 majority. If his majority
is legal he is entitled to the seat. II
the registrar fails to place the name of
an elector, who is entitled to vote,
properly on the register after the cleo
tor has requested snch registration it
is the fault of the registrar. He cited
at length the evidence and spoke elo
quently against the majority report.
He thought the registrars were largely
at fault. He intended to cast his vote
honestly, fairly and intelligently. Can
the Democratic party afford to do any
thing else than to allow the contestee
to retain his seat' That only is hon.
esty. NJ. Posey interrupted Mr.. Jones
as to question of law, citing por-
ton of the code. Mr.. Jones said the
gentleman from =" Hanging Dog" (Mr.
Posey) was furnishing all the legal
light in the case; he thanked him ex-
ceedingly for his information. He
charged inaccuracies and faults in the
evidence submitted with the majority
report, and compared the votes Of
Leach and Henderson. All that he
asked was for the gentlemen of the
opposition to prove that these alleged
illegal votes were cast for Henderson.
They have failed to show this. As men
Judging these issues honestly the SEN
ators were bound to vote for the con-
testee. His speech was strong in favor
of the opposition.
Senator Jones is a fluent speaker,
keeping his subject steadily in front
and presenting his points clearly and
forcibly. His manner is highly cul-
tivated and his voice pleasant. He is
a ready debater and one of the in1u-
entail members of the senate.
Mr.. Day said there were two things
which the senator from Forsyth, was
possessed OF he did not contest, viz:
lung power and ignorance Of the law.
He said he judged this matter as pa
trios and an honest juror. If we can
not obey the laws of our State let US
repeal them. He judged of the mat
ter by the light of reason and by the
decision of the Supreme Court. He
read extracts from the election statutes
of the State. He said that Mr.. Jones
knew as little of the facts of the case
as he did OF the law in the matter.
There has been no guess work or mis-
calculation in the work of the COM
mittee. The objection to the majority
report was from members who had not
been regular attendants of the COM