The Caucasian. (Clinton, N.C.) 188?-1913, 1896-10-15


Names Go On Cousty Tickets.
Messrs. Reed and Curtis, the Win
stOn registrars, whom Chairman Hol-
ton charged with Irregularities in
conducting registrations appeared be.
fore Judge Montgomery, Tuesday, in
response to his summons.
The order under which these men
were brought here was issued by Judge
Montgomery on ex parte evidence last
Friday, and was as follows:
1T is therefore ordered that E. l.,
Reed and +. .. Curtis, registrars at
Filth ward precinct in Winston, ap-
pear before me at Chambers in Raj
elgh, on Tuesday, October 18th, 1896
at lO O'Clock a. m, and show cause why
they should not register the persons
applying to them for registration and
refrain from any unnecessary con.
SUMPTION OF time or delay in the reg.
lstratl0n OF voters and perform duties
as defined in this order and contem.
plated in said act, ard in the discharge
OF their duties as registrars allow all
persons VINO are residents of said Fifth
ward precinct of Winston and duly
qualified voters therein to have theil
names put on the registration book OF
said precinct"
The hearing Of the case came up be.
fore Judge Montgomery at Chamber
at IL O'Clock. The reading of the afii.
davits and argument of counsel con.
sumed nearly three hours.
Maj. j. w. Graham, of Hillsboro. an.
peared for the plaintiff, Holton, and
Messrs. 4. b. Jones, of Winston. and
+. II. Busbee and ex-Judge Shepherd
OF Raleigh, for the defendants.
In opening the case, Mr.. Jones said
the question before the court was a.
to whether the registrars of the Fifth
ward OF Winston had delayed the reg
lstratiOn, and the legal question arts.
ing therefOrm as to the power and
jurisdiction OF the Judge to punish
He then read the affidavits of the de-.
PENDANTS Reed and Curtis, setting forth
the circumstances on which the com.
plant against them had been founded
AT the conclusion of Mr.. Jones' ar.
gument Judge Montgomery had the
following order drawn, which he
signed:
I'm this matter, after hearing the
amdavlts filed and arguments of Coun.
sci, 1t is considered and adjudged that
the said +. L. Reed and T.. @. Curtis
registrars of the Fifth Ward precinct
| OF winston, n. c., have not combin ned
to prevent legal registration, but il
appearing from their own sffidayits
that they have erroneous views IA 10
| the duties required of registrars. h
Is therefore ordered that they proceed
on Saturday, October II, 1896. to dis.
charge their duties as defined in tbe
order made on October 9, 1896. and al.
low all persons who have not register.
ed, who are residents of said Fifth
ward precinct of Winston and duly
qualified voters therein, to have tbei,
names put on the registration book OF
said precinct.
The defendants then gave notice OF
an appeal and the matter will come mr.
in the Supreme court this morning fo.
final determination.
MAGISTRATES NAMES GO on corxry
TICKET.
Justice Montgomery also rendered
an important decision that settled >
question in the new election Law.
1t has been doubtful question
among all three of the State chairman
whether the names of the candidates
for magistrates should be voted for on
the county or State ticket. A test case
agreed upon by the chairmen came be.
lore Justice Montgomery today on an.
Plication from Durham county. Judge
MODtgomey decided that a magistrate
was a judicial officer in the county
in which he resided and therefore
county officer. He held that names nj
magistrates should be printed on the
county tickets and that the law pro.
Vloeo Tor only two ballot boxes.