The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-10-25

cular political complexion and he IS not
limited to those holding the views OF
any political party. His appointees
must simply have the qualifications
required by the statute and the Con-
stitution. He said that these qualifica-
tons were that he must be legally
qualified voter, citizen OF the town
ship and must be able to read ana
write. AS to his political opinions TINS
is a further qualification which only
the chairman is required to follow. But
If any one of the chairmen fails to
furnish the list then the clerks APP
pointees shall have only the legal and
statutory qualifications. But in this
particular case the clerk ola the pest
in regard to this last qualiff-
cation that he could. He went out and
made inquiries and appointed the men
recommended by local Populists, and
50 careful was he that in two town
ships he failed to make any appoint
ments at the time because he could
find no suitable person there who was
a Populist.
Judge Furches here said that he had
held an opposite opinion that the
clerk must consult the political opinion
of a Judge of election, and that tile
clerks discretion extended only to indi-
v3iuals of the same party. lie held
that man of an opposite pa V could
only be appointed where there we're no
~ersons possessing the required poll
tioal views to be found in the town
ship.
Gen. Davidson said the chairman
had failed to make the rec0is4 menda-
tions as required by law. Tue clerk
was left to his own resources. He had
gone out and made Investigations. He
had made the best appointments he
could under the circumstances. The
officers had been sworn in. Who had
the authority at this late day, he asked,
to come forward and set aside these APP
pointments and make new ones?
Judge Shepherd also spoke in behalf
of the defendant. He said this was a
very responsible duty that. was inn
posed upon the clerk, and that this
trouble all arose over the defaults OF the
chairman of the Populist State COM
nlittee, The same law that required the
clerk to make the appointments on a
certain day gave the chairman the
privilege of recommending them. The
chairman failed to take advantage of
the privilege given him by the law, and
that now he was debarred from coming
into court and questioning the action
of the clerk.
The clerk, he said, had d right to
appoint these men. They were APP
pointed and sworn in and are now
sworn officers. Who has authority to
remove them? Who is asking their re-
Inoval?. Is it the Populists? Is it the
Republicans? The Republican list was
appointed and now they come here
to claim that the Populists haven't
had their rights respected. The Popu-
lists no not bring this action; they are
making no complaints. Shall these
men be dismissed upon the testimony
of d few Republicans only?
He then spoke of the high character
of the clerk of court of Buncombe, and
he said that the presumption of law
was in favor of his having discharged
his duties properly, and that it was
incumbent ON the other side to rebut
it.
They have sworn lat MIR. 0wenSby is
Democrat, yet Mr.. Owensby comes
here and swears that he is nota Demo-
craft but a Populist. Now who will you
believe, the Republican chairman or
Mr.. Owensby himself? They swear
That Mr. Justice is not a Populist, but
Mr.. Justice come forward and says he
IS They certify thai Mr.. Leonard and
Mr.. Freeman are Democrats, but Mr..
Leonard and Mr. Freeman swears they
are Populists. Are these men to be re-
moved on such evidence as this?
But suppose they are removed, who
will appoint their successors? Why
the clerk must do so himself, of course,
unless your Honor takes the matter in
hand and appoints. In that case you
cast grave imputation upon the
clerks character and reputation for
honor and fairness, Mr.. Aver has losr
his right to recommend, and the clerk
is not bound to pay any attention to
his desires in the matter, no legal sig
nificance being attached to his list
now. TT is not evidence as to the quail
ffcations of the judges, and surely it
should not overcome the sworn sta e-
ments Of the secretary of the Populist
Congressional committee of the Ninth
district, the chairman of the Popuhst
county committee and other promi-
nent Populists, all of whom say that
they are entirely content with the
judges appointed by the clerk.
This concluded the argument and a
recess was taken till 3 o'clock, when
Judge Fnrches said he would return
to hear the affidavits of Mai. Graham
and any argument by either side on
them.
These affil1avits, as presented at the
appointed time, were made by w. IT..
Wilson and III. S. Harkins. Wilson'S
statement set forth that some 25 of the
judges of election appointed by the
clerk for the Populist party of Bun
combe were not Populists but Demo-
Gratis, and made grave charges against
some. of them, notably Justice and
Murray, the first of whom he said had
been tried for larceny, and the second
he called drunken Democrat.
The affidavit of Harkins endorsed the
statement of Wilson.
Gen. Davidson asked permission to
cross-question Wilson since he had no
opportunity to present counter affida-
Wits. This was granted by Judge
IA,,rol,ac affavs soma hacsyf OFF i'm I'm