The news & observer., 1897-01-30

not enter, and should not enter into this
case. The most humble man should be
allowed to enjoy any property that he
may justly be entitled to. A seat iii the
Legislature is property, and as such the
title to it ought to be determined, and
at once.
North Carolina has been noted for its
impartiality and for its giving speedy
trials to all matters in which right to
is in question. And l tell you
now, If this committee does not give this
contestant a hearing-a fair and speedy
hearing-if it become party to this great
outrage, | warn you that this is not the
end of the matter, and you will hear the
thunder of the peoples Indignation
and condemnation of your action"
At this point the committee went into
secret session and everybody not mem
bers was asked to retire.
AS was to be expected Katydid Sutton,
of Cumberland, was the first to deliver
himself on the matter under considera-
tion. He is one of those political Phari-
sees who thinks no good can come out of
Nazareth-a turn-coat himself he thinks
the only way to let the world know what
tlHis politics is at any particular time, is to
about as much noise as his little green
name sake and having about as much eff
feet He began in a cracked, piping
voice by making II motion to report the
resolution unfayorably and spoke at
length in the same strain, contending that
Young was III the right and Broughton
all in the wrong. The law, he said, gave
Young the right to give Broughton 30
days notice and he couldn't take less if
ne wanted to.
After the Katydid had ceased his shrill
chr chr-chr-r-r-r, Col. John s. Cunning
ham spoke in favor of the resolution,
saying that there ought not to be any
politics i'm this matter, but that it ought
to be tried on its merits and at once. He
stated that he had investigate ted the law
on the subject and he found the best
lawyers in Raleigh almost to man, of
the opinion that bhe committee had
right to take such action as may be
necessary to secure u speedy and fair
trial Of the cause.
This was too much for the Katydid
and he at once set up a mighty chirping,
whereupon Col. Cunningham proceeded to
shut him up with few sharp words and
FINISHED his speech without further inter-
ruption. Before concluding his remarks,
however, Col. Cunningham pointed out to
the committee that it had always been the
custom in cases OF this kind TO pursue the
course he was advocating.
Both Person of Wayne, and Person,
Of Wilson agreed with Col. Cunning
ham that the case ought to be brought 10
a speedy hearing, but they did not see
how it could be done under the law
Bryan, of Chatham, said he had been
on the Elections committee before and
the course advocated by Col. Cunning
ham had always been pursued and was
intended by the Constitution, but he
thought the statute prohibited it.
This remarkable argument made it
necessary FOR Little Billee'' to explain
his anomalous position when the time
for voting came, as it did Immediately
on the conclusion of the argument. 1t
was strict party vote--7 TO Sail the
{ being Republicans and Populists and
the 3 being Democrats.
MR.. BROUGHTON's MEMORIAL.
Mr.. Broughton yesterday issued a
memorial which will to-day be laid before
the House of Representatives. In this
memorial he sets forth the following
facts:
l. That by the tabnlated returns of
the votes cast at the several precincts
in Wake county it was made TO appear
that Broughton received 4,720 votes and
Young received 4,73S. being an apparent
majority of Is votes for Young.
III. That on the Attn of December, 1896,
Broughton, in accordance with the pro-
visions of the statute in such cases pro-
vided, served O notice of contest on
Young, to which no answer was filed; !;
and thereafter served certain supplement
tai notices on him to which no answers
were filed.
III. That after due notice according
to law to Young, Broughton, on the 22nd
day Of December, 1896, proceeded ac-
cording to law to take depositions to be
used in evidence in the contest, before
]. G. Maroon, a justice of the peace for
Wake county; chat the clerk of the Su-
perior court being duly summoned and
declining TO produce the ballots cast at
the election, Broughton applied to the
Hon. Walter CLARK, justice of the
Supreme court. for an order directing the
clerk to produce the ballots before the
justice.
~. That in obedience to this order the
clerk produced the boxes containing all
counted them in the presence of the jus
tice and of Broughton and Young and
their counsel; that by the recount as
reported by the clerk it was made to ap-
pear that Broughton received 4,719 votes,
and Young received 4,721 votes, being
an apparent majority for Young Of two
votes.
" That in making this recount the
clerk made the following errors:
/. He refused to count as a vote for
Broughton ballot found in the proper
box from Holly Springs township, which
contained the name of n. b. Broughton
but did not state the Office for which he
was voted.
2. He refused to count as votes for
Broughton three separate ballots found
in the proper box from Wakefield pre-
cinct, Little River township, each OF
which contained the name of n. b.
Broughton, but not the office for which
he was voted.
3. He refused TO count as IL vote for
BrOugb n ballot found in the proper