The news & observer., 1897-01-22
He Socks to Retain His Seat
by Dilatory Tactics.
TIE COMMITTEE HELPS HIM
YOUNG TRIES TO TAKE ADVAN-
TAGE OF A TECHNICALITY.
BRousHron ASKS FAIR PLAY
Is Willing to Sweep sway Al echh'C-
aIities in His Favor in Order 10
Have the Contest De-
cided at Once.


The political storm-centre in North
Carolina has shifted from the Senatorial
question to the contested election cases
There are five contests in the House and
one in the Senate OF these, four-three
in the House and the one in the Senate
come from Mecklenbug county, and one
-Broughton against Young from Wake
county.
1t is to be doubted if any man ever
had stronger case in a contested cleo
ton than has Mr.. n. B. Broughton in his
contest for the seat in the Legislature,
now held by James II. Young, colored.
And yet, it now looks as if Mr. Broughton
will not even be allowed to present that
case to the Legislature. Unable to re-
but the testimony, his opponent, Young
has resorted to dilatory tactics such as
now bid fair to win.
More than a month ago Mr.. Brough-
ton began taking depositions, trying to
prepare his ease for the Legislature
He complied with the law in every par
ticular 1t was understood at the con-
clusion of the taking OF this testimony
that the contcstee Young, would allow
his case to go to the General Assembly
without the taking of other additional
evidence. 1t was so published in the
papers. But at the last minute he
changed his mind-or rather revealed his
real intention all along-by serving notice
upon the contestant that he would take
other evidence in the case before COM
missioner.
The law requires that when this is
dene thirty days notice be given by the
side proposing to take such evidence;
and ii is this fact that caused Young to
serve the notice. He realizes that when
the thirty days expire-February 18th
the session of the Legislature will be
practically ended, everything will be in
q rush with appropriation and other inn
portant bills and the contest will either
never be heard, or, if he is unseated,
his successful opponent will get an empty
honor and sit in the Legislature only a
few days.
This is the game that is being played
by Jim and his attorney Loge Harris,
and they were aided and abetted in 1t
Yesterday by the House Elections COM
mittee when it refused to hear the case at
once, or shorten the time of the notice
for taking dispositions. Unless they do
something of this kind it will be useless
for Mr.. Broughton to further prosecute
his contest. Before the committee met
yesterday and in the meeting, he offered,
through his attorneys. to waive every
technicality, all right TO thirty days no
flee. or any other formality that might
stand in the way of a speedy determina-
tion of the contest, but the contestee
would hear to no such proposition, know
ing, as he did, that it meant the loss of
his seat.
The committee met in the Supreme
Court room at four o'clock and remained
in session for two hours and half, list
ening to argument on both sides touching
the taking of further evidence and the
thirty days notice insisted upon by
Young. The contestant was represented
by Messrs. w. C. Douglas and w. J.
Pee,e and the contestee by Mr.. j. G. l..
Harris.
The hearing before the committee was
begun by a motion by Mr.. Douglas, In
behalf of the contestant, Broughton, that
the contestee's notice to take dispositions
on February 10Th, be stricken out. lie
stated that the contestant offered to
waive all notice and requested the COM
mittee to order that the dispositions be
proceeded with and completed as quickly
as possible.
In the course of his argument upon
this mption. Mr.. Douglas contended
that under the law regulating contests,
Commissioner Lehman, who is now tax
ing depositions for the contestee, has no
authority to act in that capacity, for the
reason that the statute provides that
Justice of the Peace or other person duly
qualified to take depositions be appointed.
Lehman has no qualification for COM
missioner and was appointed by
~, L. 80 AZ.
with the case. Therefore Mr.. Douglas
held that the notice to take depositions
before Lehman is a nullity and asked
that the committee proceed to hear the
case under the evidence already taken.
Mr.. Douglas argued further that the
whole defense was bundle of techni-
caIities-that the main contention of the
contastee was that certain electors were
non compos mentis or residents in
the township in which they voted. 1t
was also pointed out that if the contestee
be allowed the thirty days required by
his notice, served only @ few days ago,
it will be about the middle of February
before this additional evidence can be
taken and that it win then take until
March before the contest can be deter
mined
'"The purpose of taking depositions,
hearing before the committee as soon as
the Legislature meets, and we seriously
object to having the matter put off until
the end of the session. IL there is any
thing in this case we want to get adyan-
tage of it; il there is nothing in it we
want to drop i"
Mr. Harris, for the contestee Young,
contended that sufficient time had not
been given in which to make answer
and that it would not now be fair to cut
him of in the taking of dispositions. lie
denied the charge that he was undertak-
ing to delay the determination of the
contest and claimed that, on the contrary,
the contestee was doing his best to hasten
the matter. He held also that nobody
had any power to shorten the thirty
days time required to be given as to the
taking Of depOsitions.
Mr.. peela TeDliad to MIR Harris by