The news & observer., 1897-03-07
THE MINORITY REPORT
"A STATEMENT SHOWING THAT
sRouoHTON WAS ELECTED.
Facts and Figures showing that the
Election of 8rouAhion IS De-
Yond ContranersY.

The following Is the minority report
! filled 10y the minority in the case OF
Bruughton rs. Young;
\. II. Broughton contestant against
James II. Young, contestee:
Before the Privilege and Election com
mittee for the House OF Representatives
of North Carolina, session Vf 1897.
Contest for Il seat in the General AS
senshly OF North Carolina.
We the undersigned minority of the
committee submit the following report:
/. That by the tabulatcd returns OF the
votes cast at all the precincts in Wake
county il was made to appear that the
contestant Rroughton received I,T20
Votes and that the contcstee Young re
ce.Yed 4.I3S, being an apparent ma
joIity of rs votes for the contestee James
Ii. Young.
2. That in obedience 10 an order of
Supreme court Justice Walter Clark
the clerk of the Superior court of Wake
county recounted the votes cast in said
county for the contestee and contestant
and found and reported that the said
Broughton received 4,719 votes and the
said Young received 4.721 votes, being
an apparent majority, for Young of ,
votes.
3. That in making the said recount the
said clerk made the following errors all
of which viii now fully appear from the
evidence.
1. That in counting the votes cast at
Franklin precinct, Swift Creek township
the clerk sustained the refusal OF the
precinct judges to count for said Brough
ton too separate ballots cast in the proper
box on which the name of the said
Broughton was duly printed for the
House of Representatives because there
was also printed on the said ballots the
names of certain candidates for justices
of the peace for other townships. The
counsel for contestee, Mr.. Harris, ad-
mitted in the hearing before the commit
tee that these were proper ballots and
ought to have been counted for contestant
Broughton.
2. That in counting the votes cast at.
Apex precinct. White Oak township, the
clerk sustained the ruling of the precinct
judges in their refusal to count for
Broughton two ballots, whereon his name
was duly printed for the House of Rep
resentives, because there was also print
ed on said ballots the names of two can
didates for constable, the said counsel
AVA 1OhNNolIE AdAAllbGd 0n t1iG AktdllA% w
fore the committee, that.the said ballots
were improperly rejected and should
have been counted for contestant Brough-
ton.
3. That the said clerk refused to reject
the names of the following named con-
victs which were shown to have voted
for the contestee Young, Richard Reavis,
Calvin Rogers, Reuben Price. and Willie
I1,I, II a.
contestee Young admitted were duly
J convicted and not entitled to vote.
A. That the said clerk refused to count
as vote for said Broughton a ballot
found in the proper box from Holly
Springs township, which contained the
name of the said n. b. Broughton, but
did not state the office for which he was
voted.
5. That the refusal to count for " B.
Broughton three separate ballots found
in the box from Wakefield precinct, Little
River township, each of which contained
the name of the said Broughton, but not
the Office for which he was voted.
6. That he refused to count as vote
for said Broughton a ballot found in the
proper box from Marks Greek township,
which contained the name IN. b. Brot'
which had been erased.
I Z. That he refused to count as a vote
for said Broughton a paster found in
the proper box from the third ward, first
division, city of Raleigh. Although there
was evidence that the paster had been
duly stuck over the name Of James I'll.
Young and had been knocked off by the
said clerk in handling the ballots. There
was an impression where a sticker had
been over the name of James FL. Young
and this sticker filled that impression
and the clerk counted this ballot for
James III. Young
g. That the above ballots about which
there can Ibe no reasonable controversy
when allowed for Broughton elects him
by twelve ma jority and in order to change
the result in favor of the contestee Young
this legislature must find that the thirty
three (33)s Wake Forest students voted
fraudulently or that the Republican.
Clerk Young who had the exclusive GUS
tody and keeping of the boxes fraudu-
lently tampered with Tor allowed them
| to be tampered with the ballots contain
ed in said boxes.
Wherefore the undersigned minority
respectfully ask that this report be sub
stituted for the majority report and that
the contestant N. B. Broughton be de
clared entitled to his seat now occupied
| by James III. Young.
(Signe0
r. DUFFY,
JOHN S. CUNNINGHAM,
| JAMES w. FERGUSON.