The Caucasian. (Clinton, N.C.) 188?-1913, 1894-11-01

IN The CONTESTED EHEC-
TlON CASE OF HENRY 4. DA-
Wis Y. WILLIAM II. DAY, FROM
HALIFAX COUNTY.
The committee IN Privileges and
Elections respectfully report as fol
lows:
The contestant, Henry L. Davis,
based his claim to Il seat in the
House upon the following grounds:
|. That the vote Of Halifax town
ship, which he alleges gave him 90
votes, and the sitting member, Mr..
Day, III votes, was rejected with
out any sufficient reason therefor.
,. That IN Enfield tow nship on the
day Of election, after the polls Were
clOoed, and before the ballots were
counted, the box for members Of the
General Ass emily was frauduIently
| removed and another box substitute
ed therefor, stuffed with prepared
ballots, whereby the sitting mem
Der was returned by the poll
holders as receiving GGG votes, and
| the contestant 100 votes; whereas,
the true vote was 3lG for the sitting
member and 434 for the contestant.
3. That in Enfield township the
election was purposely hindered ard
retarded, with intent to prevent the
polling Of the full vote for the con
testant, whereby POO voters were
prevented from voting for the con
ttstant, although they were ready
and anxious to vote for him.
t. That III Caledonia township the
election was also hindered and re
tarded, so that $50 voters were pre-
vented from voting for the contest
ant.
The Third and fourth grounds of
contest were abandoned on the hear
ing and it was seriously insisted that
the second ground had been sustain
ed by the evidence. The testimony
shows suspicious circumstances, not
pointing however, in the slightest
degree to the sitting member; and
| TINS is all that can be said of it. The
alleged fraud is not proved.
The case was properly made to
turn, by contestants counsel, main
ly on the question, whether the vote
at the Halifax box should be rejected;
and this question of course depends
upon the facts:
The committee find from the test
mony, th4f before the counting OF
the votes begun, the ballots were
poured out of the box on table,
and the Democratic and Republican
tickets were separated into two piles.
The votes were then counted by the
Judges of election and the electors,
and placed in piles of one hundred
each, each ticket on the top of the
other. Each pile was tied with a
string and numbered on the top tick
ct. The top ticket only was read
aloud and noted down by the clerk.
One witness, who had no official con.
nection with the counting, testities
that he knows the result as declared
to be correct, for he counted each tick
ct himself. Other witnesses state thai
the counting was done under the su
peryision Of the judges, and all the
witnesses agree in the Statement
that the tickets were not read aloud
1t IS clear from the foregoing facts
that the law was not complied with
: by the judges of election. Section
r 20 of the election laws of 1867
provides that when the election
shall be finished, the registrars anC
judges Of election, IN presence o
such of the electors as shall choOs'
to attend, shall open the boxes an'
count the ballots, reading aloud tn
names Of the persons who shall APP
t pear on each ticket, and if Their
shall be two or more tickets rolle'
up together, or any ticket shall con
: tain the names of more persons thai
such elector has right to vote for
or shall have a device upon it, i
, either of these cases, such ticket
, shall not be numbered on taking tn
ballots, but shall be void.
f The registrars and judges did no
i do the counting themselves, but tn
1 "electorsr and one of the witnesse
> all took part. The counting wa
: done by everybody generally, an
4 nobody particularly. The name
were not read aloud. If two or NOR
# tickets were rolled up together
t they were unrolled when they wer
It pour ed out on the table, and wer
u all counted. In other words, til
y provisions of the law were entirel
n disregarded by the officers; the
T. conduct was such as to set at naugt
:. the most wholesome provisions ft
, the purity of the ballot-bcx. Can
4 be that these safeguards of the la
le are merely directory-that may /
n set aside as ignorance and caprit
l. shall determine? The Committe Cal
/. not so hold. They believe that tt
Sc returns from the Halifax box are III
y worthy OF credit; that the primo fac
W character which they ought to be;
:, ~ as evidence. has been destroyed /
q the conduct of the officers, and tn;
=. 4 ~. L., L. .nsnotol L. IL