Goldsboro weekly argus. [volume] (Goldsboro, N.C.) 1885-1909, 1899-11-09
SETTLE ON THE AMENDMENE
Pr0pOunds Questions to Linney
That are Likely to PuZZe
Him,

~ Ave ANSNs
Hon. Thomas Settle has given to
me for publication the following
letter to Congressman R. z.
Llnney:
Ny Dear L;nney: AS chairman
.of the last Republican State Con-
ventiop, and as a member of the
present State Executive Commit
tee and one Of the ablest lawyers
aud logiclans in this State, ven
ture, as a fellow Republican to
address you this letter hoping
that you will enlighten me as to
certain practical objections to the
proposed opposition of the Re-
publican party, as an organiza-
tiop, to the adoption of the Con-
stitutional Amendment now bes
fore the people.
At a recent meeting of the Ex-
ecutive Committee in Statesville
I am informed a resolution was
passed authorizing the chairman
of the committee to employ
counsel, aud take the necessary
steps to test the constitutionality
of the Election Law passed by
the last Legislature. How can
this question be brought before
the courtsr They will not enter-
tain a Hypothetical or theoretical
case, and I do not know any per-
sons having authority to submit
cease agreed"
Suppose, for the sake Of argu-
ment, we admit the Republican
Executive Committee can bring
quo warranto or sue out an in
JUNCTION against the persons
composing the Estate Board of
Elec IONS" of what practical
benefit will it be? Even if the
courts should entertain such an
actor, and should decide the
election law unconstitutional in
part, or ia toto, of what benefit
Will it be to the Republican
party?
You cannot get decision OF
the Supreme Court on the ques-
ton before February next, and
il they should hold the act un-
constitutional would that decision
revive the old law? (Acts 1885,
1897 The present law did not
repeal these acts. The repeating
act was passed on the 26sh OF
January, 1899, and the present
law became operative on the 9th
of March, 1859; so that between
those dates we had no law gov
ernipg elections whatever. The
old law repealed on the 26th OF
J anuary-an interval with no law
on the books governing the sub
9ct-a new law passed March
6th-and the new law declared
unconstitutional by the courts
do you maintain the old law, Acts
1895 1897 will be revived? If sc
still, Of what benefit is il? The
Legislature, by resolution. is to
meet in June next, and woulo
Immediately pass an election Law
similar 10 the one we now have,
under which the election ir
August following would be held
before you could test its con
stitutionality. So that after al
your labor you would land sub
stantialy in the same position
you are now in.
I am not the champion of Of
the apologist for the presen
election law. 1t is not such as
would like, out it is before VI
speaking in the emphatic langu
age of 'scondition," and not II
the lurid elcquence of a "Lheory.
| low as to the Constitutions
/ Amendment. Assuming that i
will be ratified, and think tina
it is reasonable assumption
how will you test it's colstitu
tionaiity? You cannot get a de
cision of the courts on the ques
ton in a contest for a seat il
/ Congress, or a seat in eithe
branch of the General Assembl.
of the State. For by the Con
, stitution of the United States
and Of the State, each of thes
legislative bodies is made tn
sole Judge of the election AM
qualification of its own members
There are practical difticultie
in the way Of raising a questio
: in a contest for one Of the judge
ships, which precludes tina
method. The judges are vote
for by the electors of the entir
State, and it is probable tina
those persons who are declares
, elected will get the face Of tn
returns by at least Is, 600 O
100000 and the difficulties c
proving that number of unlawfr
votes east for the incumbent ar
insurmountable. It you under
Y take to raise the question in
!. lcontest for some other constitu
: tional State office, such as cler
5 of the Superior Court, sheriff c
$ register of deeds, you are still i
$ a position scarcely less embal
' RAISING. II the majority in fave
: of the incumbent should be sma
5 enough to warrant an attempt
!. overcome it, how would you pr
: caedp You might show bV tt
registrars of the count
!. that certain persons, white ar