The news & observer., 1897-02-06

lieve the mojority proposed to stand by
its contention as made in the minority
report. He spoke in high terms of
Broughton, saying the latter only wanted
hearing. He made an eloquent and
telling speech.
Cook referred most particularly to
Duffy's attack on the committee, but
passed on and replied to Cunningham's
presentation OF the case. Cook declared
that not day had been lost in the matter:
that Duffy had asked the committee to
hold open the case until to-day from last
Friday. The real question at issue is.
shall the case be taken out OF the hands
OF this committee and placed in the hands
Of subcommittee. He said the parties
to the Mecklenburg case had waived their
80 days notice, not by word, but by act;
but in this case the parties refused to
waive either by word or by act.
Cunningham put question to Cook,
whether the Mecklenburg contestees had
waived. Cook said they had refused to
waive, but yet had gone into the examina-
ton and insisted that this was construc-
lively waiver. He said that Young was
given only 30 hours notice in the matter.
Cunningham asked If Young was not
given 30 days notice and why he did
not get up evidence in that time, and said
this was done in the Mecklenburg case.
Cook said that it was by agreement in the
later case. He contended that the con-
testee must first know what the evidence
is before he begins to put in evidence
Duffy asked if in going along and TAX
ing testimony before the 30 days ended
Young had not waived notice? Cook in
sisted that Young had the right to give
Broughton 30 days notice after the latter
had put in his testimony. Cook init
mated that Broughton had put a trick
and a contrivance upon Young. Duffy
poured hard legal questions, thick and
fast, upon Cook and there was lively
colloquy. Duffy could not see how the
| majority could act one way as 10 the
Mecklenburg case and in another as to
this case Cook was quick in repartee
and declared the Democrats blow hot
and cold. Cunningham asked il the
| counsel for the contestee did not have all
his evidence ready save some at Wake
Forest. Cooke said he believed So
Cunningham then said, why was the case
| not heard at once? Duffy asked if Cook
did not know that the witnesses in
Young's case had not even been notified.
Cook said he did not know. Duffy said
| it was a fact nevertheless. Cook then
Il dofN@u hLCLhSl luC 11OuSt SIIOuiQ TAKE uuG
| management OF this case from the hands
l Of the contestee and contestant Cook
| then called the previous question. 1t was
ordered
The question then was whether the
| minority report should be adopted as q
| substitute for the majority report. On this
Duffy demanded the yeas and nays. The
vote was, yeas 90; nays, 80 Cramr voted
aye. So did Jones
Cook then moved to table the resolu-
| ton, in accordance with the report of
| the majority. This motion prevailed, 81
| to 80.
| Bills passed regulating sheriff's bond
| in Tyrrell, and allowing the people of
Henderson to vote on establishing graded
| schools; to allow Franklington to issue
bonds to pay debt; to establish graded
| schools at Hickory.
Private Secretary Alexander brought
| in message from Governor Russell. 1t
was read and 1000 capies ordered printed.
| Bill ITO make 10 hours days labor in
| all factories employing over five persons
| came up with an unfayorable report.
Blackburn, chairman OF the committee
| which heard argument on it, moved to
i table. On this Dixon, Of Green, de-
/ manded the yeas and nays. The call was
| not sustained. The bill went to the
| table, by a very large majority and the
"eFncher" was put upon it.