The news & observer., 1897-01-27
WILL HEAR THE CASE
The Broughton- Y oung Contest
Comes Up Next Week.
BEFORE THE COMMITTEE
TO DECIDE IN REFERENCE TO
TAKING OF DISPOSITIONS.
THE mEckLeNeuaG CONTESTS
The Argument Was Concluded by MIR
Walter r. Henry in a Three Hours
Speech The Committee
Will Now Decide.

walter sNs t16IH NV q wv G~
Speech Committee
Will Now Decide.
In the matter of the contested election
case of Broughton vs.. Young, resolution
was introduced yesterday evening at the
close of Mr.. Henry's speech before the
House Elections committee by Col John
S. Cunningham to hear the case at an
early date.
1t was accordingly agreed without op-
position that the case should pe heard
on next Friday evening before the COM
mittee.
Col. Cunningham had, on the day be-
fore, made a strong speech before the
committee in favor of this course.
There is no reason why this case should
not come up, and the facts in the case
be submitted to the committee, and evil
dence heard. Col Cunningham sub
mitted the case several days ago, and
owing to the Mecklenburg case, which
has up to this time, taken UP the atten-
ton of the committee, it has not been
reached.
There has never been a time in the
history of the State when q case was
forced 10 be put off, and not heard, and
there is no doubt but that it is the sense
of the committee to hear this case, and
permit justice to be done. Let the facts
presented and the case decided upon its
merits.
Those men who favor a free ballot and
a fair count, and who are opposed to
fraud in elections should not take any
step to prevent any man, who is entitled
to a hearing, from having his case presen-
ted to the court appointed TO hear the case
and to decide, upon it, and submit ic to
the House to be passed upon as it de-
serves.
All men who favor fair dealings In
public, as well as the private works of
Efe, will agree that n0 obstacle and no
impediment should be thrown in the way
of speedy and honorable trial in order
that righteous verdict may be reached.
This Legislature should correct any and
all errors and omissions ON the part
of their predecessors, and il they
have any fault to find or criticisms to
make to set an example to future legisla-
ton, that will meet with the appreciation
OF all good citizens of the commonwealth.
There is no reason why this case should
not be heard at once, as nearly three
months have passed since the election,
and all matters pertaining to the election
have been fully considered and looked
into by the counsel for the contesant and
centestee
Mr.. w. j. Peele, one of the counsel for
Mr. Broughton, was asked last night az
TO the status of the case at this time
He said as this question was often
asked him by members of the General
Assembly, he took pleasure in making
the following statement of it:
The contestant contends, first that
under section 1850 of the Code, the con-
testee should have given him thirty
days notice of contest before the meet
ing of the General Assembly as a con-
dition precedent to being allowed to take
evidence upon the usual notice (of three
days. prescribed in said section
This is a plain meaning of the Ian
guage, besides any other construction
would put the contestant and contestee
on different footings before the law,
when both are seeking affirmative relief.
"a position which just judge would
be slow to take if there was possible
construction which would avoid it.
Second. That if the law does intend
different footing before it when both are
seeking affirmative relief, then certainly
it means to require reasonable notice on
the part of the contestee or no notice at
ALL And to wait 80 days after notice
served on him and s days after the be
ginning of the session of the General
Assembly before giving contestant any
notice of his intention to contest the
validity Of contestants votes is not
reasonable notice, especially when it dis
closes a purpose to take evidence a few
days before the close of the session
evidence to which, if the contestant be
allowed reply, will probably easily post
pone the hearing of the case till the end
of the session This is so manifestly
unjust that it needs no argument 10
show it,
Third, That although the law has not
been complied with by the contestee so
as to entitle him to take any evidence at
all to sustain his providing for affirma-
tive relief, and although the contestant
has complied with the law, as is admitted
by all, still he is willing and now offers to
waive his advantage ii the committee will
proceed To have all the testimony taken
as soon as may be, and if it should be
doubtful as to its authority to so proceed.
that it should use its influence to secure
the passage Of a resolution which will
give it to some other committee or COM
mission power to proceed as speedily
as the common details Of justice and
fair dealing demands"
THH MECKLENBRUG CASES.