The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-10-25
Republicans Dissatisfied With
Populist Registrars.
AND JUDGES OF ELECTION
Ask That They Be Dismissed
by the Court.
AND THEIR MzN - APPOINTED
Another Action Growing Gut OF the
New Election Law Argued Be
fore Judge Furches at
Chambers
Chambers.

Whatever else may be said OF the
new election law passed by the last
Legislature it is certainly one OF the
most imperfectly drawn acts of inn
portance ever placed upon the statute
books. 1t seems to be capable of all
kinds of constructions and now prom
Uses to be a source of endless litigation.
Already there have been two cases in
regard to it before the Supreme court
for judicial determination and yester-
day third one was gotten well under
way to that tribunal.
Upon an order issued last Thursday,
Mr.. j. L. Cathey, the clerk of court of
Buncombe county, yesterday at noon,
appeared by counsel before Justice
Furches, of the Supreme court, to show
cause why he did not appoint the list
of registrars and judges of election for
the Populists recommended bya Chair
man. Aver.
This action was brought by III. S.
Harkins, chairman of the Republican
county executive committee of Bun
combe. Harkins, who was present,
was represented by Maj. John w. GA
ham, of Hillsboro, attorney for the
State Republican executive committee,
and the defendant Cathey was repre-
scented by ex-Attorney-General David
son. of Ashevil1e, and ex-Chief Justice
Shepherd, of Raleigh.
Ex-Attorney-G General Davidson open
ed the case by reading the reply of j. l.,
Cathey, clerk of the court of Bun
combe county, to the order. 4 number
of other affidayits in support of this
reply were also read, among them The
sworn statements of the leading Popu-
lists in Buncombe county. w. L. Henry,
chairman of the Populist county COM
mittee, swore that the appointees, as
made by Cathey, were entiralys satisfac-
tory, and that this action was not
brought or sanctioned by the Populists
but by the chairman of the Repub-
lican county committee and for parti-
san purposes. He was supported in
these statements by the affidavits of
T. J. Gambler, secretary of the Populist
executive committee of Buncombe;
George w. Justice, secretary of the
Populist Congressional committee of
the Ninth district, and many other
prominent members of the Populist
and other parties in Buncombe.
Affidayits were also introduced to
show that nine of the judges of cleo
ton recommended by Chairman Aver
are Republicans and that they advo-
cate the principles of that party and
the election of its candidates in all
departments of the goyernment--local
State and National.
Here Mai. Graham said that he had
not known of these afffdayits until
just before they were presented and he
should ask permission to file affidayits
in reply and hand them in later. He
then read an affidavit of w. I'll. Wilson,
Republican nominee for clerk of crimi-
nal court, testifying that the list of
registrars, as adopted in open conven-
ton on September 5, were sent to Chair
man Aver and the list of judges of
election as prepared by himself and
w. L. Henry were sent ON September
10. Wilson testified that he telegraphed
on October 13 to Aver and received a
reply from Aver saying that no list had
been received; that he then forwarded
a duplicate list and it was returned by
Aver on October Is, but that the clerk
had already appointed on the 18th. He
further testified that the clerk did
not appoint Populists but Democrats
ofh is own selection; that at some pre-
cincts only two registrars were APP
pointed and in other places only two
judges of election; at each precinct he
alleges there are suitable Populists who
could serve and their names are set
forth in affidavit of H. S. Harkins
The affidavit of III. S. HarlSins set
forth that Clerk Cathey had appointed
extreme partisans instead of those re-
commended by Aver and that he did
not believe they would secure a fair
election. He swore that Democrats
were appointed instead of Populists
and set forth the names Of certain
persons whom he considered suitable
men for the place.
Mai. Graham declined to discuss the
questions of law involved, saying that
he considered it simply question of
fact, but asked that further time be
granted him to file affidavits in reply
to those presented by the defendant.
This request was granted and it was
ordered that they be ready by three
o'clock
Gen. Davidson then suggested that it
would take till Monday for him to
present other aflidavits in rebuttal of
these. in case he should desire so to
do. This Judge Furches said he could
not grant, as the whole matter must
be disposed of during the day.
my client is at home, over 300 miles
away, a one-legged ex-Confederate sol
der" said Gen. Davidson, and he can
make his answer to-day"
HE ought to have been here, replied
Judge Furches.
Judge Furches then said that, as
he understood it, the object of the
election law was that all parties be
represented on these election boards.
The clerk has no discretion If the lists
are given to him in time-no matter
to what parties the men recommended
belong. But if the lists are not given
him in time he has some discretionary
power, that is, he can choose between
different members Of the same party.
The registrars and judges Of election
must of course be of sound mind, quali-
fed electors, able to read and write,
etc. 1T is admitted that the lists were
not there in time, now the question is
has the clerk complied with the pro-
visions of the law in appointing men
possessing all these necessary qualifi-
cations and representing each one of
y,avfiae