The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-02-19
IT AMOUNTS TO NOTHING-DAY'S
LETTER.


The scene between Hon. Il, B. Glenn
and Capt. w. II. Day in relation to the
penitentiary is one in which the people
will be in entire sympath. with Mr.
Glenn.
When the LEGISLATURE assembled the
vor of taking radical measures to put
Democratic ageii chosen by Democrat
ic officials in charge of the pcnitentiaIy.
The feeling in this direction was so
great that the &. st'cancus was III a mood
for drastic action. At that juncture two
able senators, Mr.. Glenn, of Forsyth,
and Mr.. Osborne, of MecklenEurg, urged
the caucus not to do anything in a hur-
ry, and declared that they had authori-
ty from Capt. Day to say that he would
abide by the action of the caucus. Upon
that could be regarded as a reflection
upon Capt. Day.
Later ON the Democratic caucus met.
agreed upon bill incorporating the pen
itentiary, and then sclacted hoard of
directors which were elected by the Gen
eral Assembly. The friends of Capt Day
then expected him to come forward and
say that if the new directors chose some
other man to direct the affairs If the
penitentiary, he wound keep his promise
and not seek to retain an office by an
tagonizing the action of the caucus and
the Legislature. At meeting of the
judiciary committee he offered to sign
any paper that should be drawn by that
committee in line with the assurances
given to the caucus. The paper was
drawn, but was not signed by Capt
Day until the House had passed a bill
authorizing the summons in suit
against Capt. Day to recover the peni-
Tertiary to be left with an agent or at
torney, Capt. Day being out of the city
The bill was introduced by Senator JUS
tice who had been friend of Capt. Day
Notwithstanding the passage of the BILL
the paper was not signed until Mr.. Glenn
brought the matter to an issue i'll the
manner set forth in our columns yester-
day.
As matter of fact the pa
per signer does not fulfill the
promise which, Captain Day made
to the caucus through Mr.. Osborne and
Mr.. Glenn. The paper which Capt.
Day signed merely agrees to let the
Democratic board take charge of the
penitentiary on January goth, reserv-
ing the right 70 s,le for his place and
salary. This reservation is practical
reputation Off the agreement to
abide by the caucus, for no suit can be
brought by Capt. Day except along the
line of seeking to declare the caucus and
legislative action illegal and unconsti-
tutional. He cannot abide by the caucus
and at the same thine seek to overturn
the solemn action Of the party. 1t is for
this reason we say shat the paper sign
ed by Capt. Day amounts to nothing
at all if he chooses to prosecute suit
TO have the SDemocratic act declared
invalid. Is that sabiding by the Demo
cratic caucus!' as Mr.. Osborne and Mr.
Glenn said Capt Day would do.
Tomorrow, under the agreement. the
Democratic board will take charge of the
penitentiary. 1t does so in a thoroughly
unsatisfactory manner, for it is entirely
possible if not PROBABLE, that by the time
the crops are planted Capt. Day will
bring his suit to be reinstated, basinG
his suit upon the unconstitutionality OF
the act drawn by the Democratic eau
Gus and passed by the Democratic Leg
islature What will be the result OF
that action? Nobody knows. 1t is ON
conviction that the court would sustain
the constitutionality of tie act, but who
knows what will be the verdict of jury
or the decision of the Supreme court
This Supreme court could without crit
cism. hold that the new act is not valid
If it should do so, the Democratic boart
of directors and their agents will be re
moved from office and Capt. Day and hi
appointees be reinstated. Is that abid
ing by the Democratic caucus?
Under these circumstances, what is tn,
duty OF the Democratic board IF direc