The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-09-30
JUDGE FURCHES' OPINION
FIVE REGISTRARS RETAINED
AND ELEVEN REMOVED.
SEVEN NEW MEN WERE APPOINTED
In Case no Populist can be Found in a Town
ship There will be Only Two Regis
trars, Democrat and
Republican.

lV puUtSais
Judge d. NJ. Furches. associate justice
of the Supreme court of North Carolina,
yesterday rendered his decision in the
Mecklenburg registrar case (J. w. Null
len and T. s. Cooper VS.. j. Nj. Morrow,
J. ". Cobb and 2. NJ. Brown.
1t is sort of dog-fall decision, favor
ing the petitioners in some particulars
and the defendants i'll others.
For instance, where it could be proved
that the appointees complained of Were
Republicans or Populists, as the case
might be. and that they were named to
represent the party to which they claimed
to belong. they were retained.
But in every case in which man was
appointed to represent a different party
he was removed and if a man of that
political faith could be found in the town
ship he was substituted. / ncase no
such man could be found no appointment
was made.
Under this ruling W. s. Liddell ]. A.
Blackney, j. r. Porter and Banks Potts
are removed and no one is appointed h
their places. ]. 7. Wilson is succeeded
by ]. S. Leary; Z. B. Gautier by Il. Il.
Mcdonald; S. w. Stewart by w. M.
Kiser; j. O. Turleyfll by W. b. Sims; j.
f. Woodsides by J. 2. Sossamon; j. W.
Hutchinson by j. w. Meacham, and II.
H. Hoover by NJ. l.. Kistler.
Judge Furches refused to remove G.
A. Morrow, Walter Donaldson, r. J.
Ferguson, J. G. Dennis and r. w Smith,
+Ia fhof how fr1n 70 h.
member of the party for which they
were appointed, and a man must be the
judge of his own political faith.
The opinion is an important one, being
the first judicial construction of the
election law, as revised and amended by
the last Legislature. 1t win be read
with great interest by the people OF
the State, and is therefore printed here
in full:
The opinion is as follows:
Under chapter 1876, acts of 1897
amending chapter 159, acts 1895. and
upon the application of J. w. Mullen,
chairman of the Republican party Of
Mecklenburg county and L. s. Cooper,
chairman of the Populist party of said
county, issued a rule upon the defend
ants on the Goth day of September, 1898,
returnable before me at Raleigh on the
9th day of September, In which they
are required to show cause why the
prayers of the petitioners should not be
granted. At the time and place designa-
ted, the defendants appeared and an
swered, being represented by z. ID. Wal
ker and Il. NJ. Shannonhouse, Esqs., as
their attorneys, while the petitioners
were represented by J.. w. Graham and
ID. X. Pope, Ssqs., as their attorneys.
This statute being of recent date has
received no construction from the courts
so far as / know, and it becomes my
duty to put a construction upon it, for
the first time.
The board in making the appointments
of registrars for Mecklenburg county
have acted upon the idea that il was
their duty to appoint three registrars for
each voting precinct. This is so, il there
is any one in the precinct filling the
requirements of the law, to appoint; but
if not, there is not
The act, chapter 1S5, section z, says
they ''shall appoint one citizen and quail
fed voter for each of the political par
ties of and for each election precinct,
who shall be able to read and write
the English language, and who shall be
known, for the duties required of them
under this act, as registrars of election
in their respective precincts" Thus it
appears that the board are not required
to appoint three registrars for each vot-
ing precinct, but to appoint one qualified
voter of the precinct from each one of
the political parties, Democrat, Populist
and Republican; and that the board had
no right or authority to appoint mem
Der Of one party for another party; that
the board had no authority to appoint
two registrars from the same party in
the same voting precinct.
"And it being admitted by defendants
that J. A Blackney, J. r. Porter and
Banks Potts are Democrats, but were
appointed in the place of Populists, there
being no Populists to appoint, thus max
ing two Democratic registrars and one
Republican in the precinct, was not
authorized by the law, and they are
hereby removed.
w. s. Liddell was appointed in the
place of a Populist for the reason that
there was no Populist in the precinct to
appoint. The defendants say he is a
Republican and the petitioners say he IS
a Democrat. j shall not decide this
question, as it makes no difference which
he is. If he is a Republican. as defend
ants allege, the Republicans have two,
and if he is a Democrat as petitioners
allege, the Democrats have two Let
it be the one way or the other the ap-
pointment is unauthorized, and he is
hereby removed.
The act of 1897, amending the act of
1895 makes material change In regard
to the appointment of registrars and
judges Of election. Under tn. act Of 1S9J
the chairmen of the different political
parties had the right to designate the
registrars and judges TO De appointed
for their respective parties. and the
clerk was only his agent and had nc
discretionary powers, if the wishes IF the
chairman were made known, on or be.
fore the first Monday in September
Harkins VS.. Cathey 119 n. C.. G40 But
under the act of 1897 neither the State
chairmen nor the county chairmen have
any legal right to designate the parties