The news & observer., 1897-01-29
BRoUGHroN-YoUNG CoNTEsT.
1t Will Again be Taken up by the Elec-
tions Committee This Evening.

1t VIII Again be Taken up by the Elec-
tions Committee This Evening
The Broughton-Y Young contest will
come up this afternoon before the House
Elections Committee 1T will be taken
up for the purpose of deciding whether
or not Mr.. Broughton is to be allowed
fair and early hearing Of his case or
whether he is shut off from ever present
ing it to the consideration of the com
mittee and the members of the House,
by the filibustering tactics of the negro
Jim Young and his attorney Loge Harris.
That the readers Of this paper may be
fully Informed of the status of the case
of Broughton VS.. Young, now pending
before the House of Representatives, the
section of The Code Of North Carolina
as amended by Laws Of 1891, under
which this case is proceeding, is here
given:
Sec. 1850. No person shall be al
lowed to contest the seat of any mem
ber of the General Assembly unless
he shall have given thirty days no.
tice thereof in writing thirty days
prior to the meeting Of the General
Assembly, which must state the par
ticular grounds Of such contest. If
the seat is contested on account of the
illegal reception Of illegal votes, the
notice must set forth the number of
such votes. by whom given, and the
supposed disqualifications and if the
same is contested on account of the
rejection of legal votes, the notice
must give the names of the persons,
whose votes were rejected. No eyi-
dence shall be admitted to show that
the contestant received illegal votes,
unless he shall also have been notl-
fled the same number of days, and
in the same manner The same no
tice of time and place required in TAX
ing depositions, shall be required and
proved on the investigation"
Now in accordance with the statute
Mr. Broughton, on the 4th day of De-
cember, 1896, served notice Of contest on
the contestee Young, and proceeded with
the taking of depositions, and completed
his case early in January The cOntestee
Young filed no answer, and served no no
tice ON the contestant BrOughton till
the 18th day of January. There was no
reason why he should not have served his
notice in a few days after he received
Broughton's notice. Defendants in our
courts rarely ever have over thirty days
to file their answers in the most impor-
tant cases.
1t will be seen that the answer, in
compliance with the above statute, ought
to have been filed thirty days before the
case came on for a hearing, in order that
Young, if he wanted to show legal votes
for Broqghton, could avail himself of
them. But note further the above stat
ute does not require thirty days notice
oi the taking of depositions, and the stat
ate. if stretched for the benefit of Young
ro its fullest capacity, would compel him
to have this evidence all taken and be-
fore the committee at the expiration OF
the thirty days notice, but Young. after
fling his notice gives notice that ne viii
take certain depOsitions on February 1J.
two days after the contemplated hearing
OF the ease. and two days after the eyi-
dence would become competent under the
statute
But to avoid all this delay, the attor-
neys for Mr., BroughUon appeared before
the Committee on Privileges and Elec-
tons, offered TO waive all notice. let all
Of Young's evidence come in, have a
Subcommittee appointed and have the
balance of the evidence taken and bring
the case to hearing promptly
The usual course in these cases has
been to have subcommittee to proceed
with the cause. A resolution to this
effect was introduced in the House last
Friday, and was referred to the same
committee for action. Col. Cunningham
and Mr.. Duffie, of the committee, moved
to take the resolution up Tuesday even
ing, but it seems that the resolution had
been left in the House, and as has been
the case every time when this cause
was reached, motion to adjourn was
made. Before the adjournment how
ever, Chairman Cook felt called upon to
deliver himself. He announced that he
would vote against the resolution. No
body expected anything else, and no one
with half sense could fail to see why he,
as chairman of the committee, announced
that he would vote against the resolu-
ton.
The manner in which he delivered him
self clearly indicated an assumed author
ity, and an effort to use the party lash.
But we still hope, Notwithstanding the
hluster and pompous delivery of this
mighty chairman, that this committee
will take proper steps to bring this case
to hearing and that no man will be de-
MED his rights Of n speedy trial, which
our courts award to one of its meanest
criminals.
HEITFELT SUCCEEDS DUBOIS.