The Caucasian. (Clinton, N.C.) 188?-1913, 1894-12-27
WOODARD AND MCNEIL
DECLINE TO ACCEPT The STOLEN GER
TiFlckTEs CT ELECTION
THE GOVERNOR APPOINTS BERNARD
AND sEAwELL-

h
AND sEAwELL-
VIII This Deprive Them OF two Years oi
the Terms of Once for which Thay wers
Elected ?-They Would Have Cotton the
ofnces for Fsar Years I'm a suit Befors
the Court.-Th-y VIII Probably Decline
the Appointments
Mr.. John E. Woodland and Mr.. Y.
a Mclean who were offered the GER
tifeates for Solicitor in their respec-
tive districts have declined TO ac-
cept them. They were not elected
and they knew it. They knew furth-
er that Mr.. Bernard and Mr.. Seawell
would sue in the courts for the Offices
and would get them. The Governor
now appoints the two men who were
elected, but defrauded by the Demo
cratic returning Boards. These ap-
polntments will holdl My till the next
election. Therefore it seems that
Messrs. Bernard and Seawell have
each been robbed of two years. II
would have been better for them to
have sued Messrs. Woodland & Ne
Lean in the courts. They will prob
ably decline the affidavits. If they do
they can then sue before the courts
and get their offices for full term
each. We publish the following cor
respondence relative to the matter.
WILSON, n. c., Dec. 20, 1894.
Hon. ELIAS CARR, GOVERNOR,
Raleigh, n. C.
Dear Sir: | have the honor to &C
knowledge the receipt of your letter
of the 18th inst. informing me of the
action of the State Canvassing Board
in declaring me entitled to the Ger
tlticate of election to the office of
Solicitor of the Third Judicial dis
trlct for the ensuing term, and ad-
vlsing me that you are ready to is
sue to me your commission. | can
not under the circumstances accept
it, and as this case has attracted
consldera bic attention, and has caus-
ed me no little embarrassment, |
deem it due to you, as well as my
self, that l should state some of the
reasons which have induced this
course on my part.
What purported to be the official
vote of each county composing the
Third Judicial District was reported
to me, at my home in Wilson, short
ly after the election. Upon the face
OF the returns so reported | bad a
clear majority of 259 votes, over my
opponent. Being officially engaged
at court when the State Canvassine
Board convened to count the votes;
and having been informed that my
opponent would be present with
counsel ready to contest my election,
although Il regarded the duties of
the Board as purely ministerial | re-
quested my friend, Hon. F. S. Spru-
Ill, OF Franklin, to represent me be-
fore the Board. This much, |
thought, was due the Board as well
as the people of my district who had
> ~ ~ h1S thOAi Oh poIts
Looking at the questions present
ed from the standpoint of lawyer,
solely, fully concurred in the con
cluslon reached as to the powers of
that Board. When, however, the
proper tribunal had declared me en-
titled to the certificate, the point had
for the first time been reached where
my course must be determined upon
my own responsibility.
l had been informed of some of
the charges made by Mr.. Bernard,
and after the first meeting of the
Board took step at once to ascertain
the real facts in the case.
In Manning's township, Nash
county, where 342 votes were return
ed for Claude N. Bernard, one
ofthepoll-holders who mace out
the returns who Is a Dem
ocrat and my personal friend
informs me that he believes
the votes were actually cast for
Claude M. Bernard, and that the
mistake in the returns was made bv
himself in copying the returns.
Counting this vote for Mr.. Bernard
he would have a majority of SO over
me and would be entitled to the GER
tlicate of election.
AS to the other allegation pre-
ferred by my opponent, it is hardly
necessary to refer further than to
say that the charge OF fraud so usu-
al IN the excitement ofelection is more
easily made than proven, and I will
do him the justice to say that have
never heard that my opponent or
any friend authorized to speak for
him has ever charged me with be-
ing either party or privy to any
fraud IN this or any other matter.
For four years l have tried to per
form the duties of Solicitor of this
district under a commission about
which there was no question. I
could not, without doing violence to
my own conscience, consent to hold
the office longer by a mere teehni-
callty or under a commission which
in any way hampered me, by a sug-
gestion of technical invalldity.
AS Democrat | am reluctant to
see a Republican for the first time
Solicitor Of this district, but I pre-
fer to surrender the emoluments of
the Office to him rather than sacrifice
my own convictions of right and for
felt the good opinion of the people
of my district who have honored me
with their confidence.
With high regard 1 am, dear sir,
very respectfully yours.
JOHN E. WOODARD.
LUMBERToN. N. O., Dec 10. 1894.
Hon; Elias Carr, Governor of North Carolina
Raleigh N. C.
j., DEAR SIR: l received to-day official noti-
n tss OF the fact that my election to the
office of Solicitor of the Seventh Judicial
District had been certified according to law.
For reasons now well known, l respect
fully decline the commission, and inform