The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-11-11

IGNORES QUESTION OF LAW
Delivers a. Revised Edition OF a
: Campaign Speech.
FIRES BALLOT AND FAIR COUNT
Little poubt Sui That Justice Furches'
judgment in the Mecklenburg
ELECTION Case viii Be
Sustained.

ease before the Supreme court OF Norlh
Carolina, and when he does he mas the
laudabIe ambition of wanting to make the
most of the opportunity
. Mr. Walter r. Henry was Mt the court
room Yesterday bright and early to argue
the Injunction case against Clerk OF court
Morrow. Of Mecklenburg county ne
went loaded with a speech-a sort on
campaign echo speech, so to speak, WIN
a lot of fuss and feathers ABOUT ifeS
ballots and fair counts IN IL. ne h"u
spent many sleepless nights ana "eaiy
DAYS nreparing this great Philippe ana
ha WINS i'm nj ease while waiting to be
delivered of it. 1t did seem as II the
time would never come, but come at last
il did, and when Mr.. Henry got started
there was nothing that could mead MN
sea. The judges on the bench lhtef-
rupted him with questions having an
imnortant bearing on his case, but that
didn't seem to trouble Mr.. Henry. tie
ignored their questions and pursued the
even tenor of his free-ballot-and-falr-
count speech They intimated that he
was on the wrong tack but that made
no difference. He knew his speech and
he was determined to say it. His oppo-
nent took up an entirely different line
of argument and asserted that Mr.. Henry
didn't seem to understand the law of
appeals. but Mr.. Henry didn't propose
to be cheated out of that speech by any
such legal technfcality, and so he waded
through all objections, struck down every
opposition, defied the law, set the wishes
Of judges presiding at naught and de-
liyered that speech.
After he had accomplished this wonder
full feat he iiguratively snapped his
to commune with Hal. Aver and Ohio
Wilson.
Mr.. Henry opened his case by reading
the complaint of e. Mcdonald, the sub
stance OF which has already been print
ed in these columns. When about half
through reading the complaint he was
interrupted by the Chief Justice, who
suggested that as Judge Furches, who
originally heard the case, had found
that it was only a question of law and
not of fact that was involved, it would
be sufficient to read Judge Furches'
judgment and argue the point at issue.
This aroused all the manhood and
spirit of independence, doubtless i'm
bibed since his residence in old Mecklen-
burg, in Walters huge frame. He didn't
like to be shut off in any such summary
manner, and he plainly told the court
so. He said that he wanted to go into
the whole case before the full bench;
that in the judgment Of Justice Furches
there was no finding Of facts and he de-
sired the entire case, as set forth in the
complaint and the anidavits, presented
to the court.
After this he was allowed to proceed,
and with a school girl-recitation swing
in his voice he waded through some
thing like a dozen typewriter COM
plants, orders and affidayits, all of
which gave the court that tired look.
But all things bad, as we'll as good,
must end, and SO Walter at last was
silent. Mr.. Maxwell, for the defendant,
then explained that Mr.. Henry didn't
seem to have a proper idea of what the
law in regard to appeals in such cases
was; that the afIidayits had no place in
this court and the case was not to be
opened anew, but to decide finally the
point adjudged by Justice Furches. The
case, he said, was not before this court
on the original complaint Of Justice
Furches, which judgment he proceeded
to read He insisted that the following
clause in the Judgment was the only
point that could be brought into question
before this court:
Upon an examination Of a certified
copy mot objected to by plaintifD of the
return of the election in this precinct to
the defendant, / cannot say that it con-
talns such inherent and patent defects
as would have authorized the clerk to re-
ject it under the rule l have stated; and
this being so it was his duty to tabulate
and count the same"
Mr.. Henry explained that while it was
true that he did not charge that the re-
turns of the ballots cast were not de-
fectiye, he did charge that the election
was fraudulent in that all the electors in
the precinct were not allowed to vote.
Chief Justice-What do you ind as
error in the judgment of Justice Furches
Mr., Henry complain Of it on the
ground that it does not fulfil the objects
of the new election law; it does not give
the relief prayed for. The time has
passed when the courts cannot go be-
hind the returns; they shall exercise
general supervisory power over the clerks
Of court. A Judge may issue a rule upon
any clerk in North Carolina command
.ing him to do any specified thing. We
say that there was no legal election at
all at precinct No. 2 in Pineville town
ship. Now, If the clerk counts the 81
votes there cast he is counting spurious
votes, so much blank paper.
He then rehashed his argument Of
Saturday, which has already been printed
in this paper, giving his reasons for
eontending that there was no election viz:
That the chairman was not legally cleo
ted; that therefore his appointments to
vacancies We're not valid; and conse-
quently the returns were defective.
Justice Montgomery here interrupted
Mr. Henry by saying that if he was go
ing to argue this phase Of the question
it would be better to hear the other side
of the question before further arguing
the case.
The answer of Clerk Morrow to the
order issued against him was then read
by Mr.. Maxwell
Justice Montgomery-IIow many orr
ginally composed the election board?
Mr. Maxwell-Six.
Justice Montgomery How many of
these signed the returns?
Mr.. Maxwell-Two. The election law
authorizes the chairman Of the board
M Gil apv vaoanniae in tho hoard Thfo