The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-01-11
CASE WAS HOLLY FOUGHT
CASE WAS CONDUCTED WITH
THE UTMOST FAIRNESS
AND IMPARTIALITY.
COL. SINCLAIR HITS OFF MITCHELL COUNTY
Says the People are Descendants Of Kinks Men
and are Voters from the Head Waters.
Contest from the 3lst Comes
Up To-day.
Up to-day.

Up to-day.
Senator Franks retains his seat as
Senator from the Thirty Fourth
The main interest of the Senate Com
mittee meetings Of yesterday afternoon
was conferred in the session of the Com
mittee on Privileges and Elections. which
met at $3.50 in the Supreme Court Ii
brary to hear the contest cases of Can
non VS.. Franks from the Thirty Fourth
Senatorial district. Messrs. Posey and
Smith, of Hendersonville. appeared for
the contestant, and Solicitor Ferguson,
of Waynesville, and Col. Davidson, of
Asheville, appeared for the contestee.
The case was holly fought by both sides,
and some interesting points of law and
history were brought out. after near
ing the evidence ana argument of coun-
sci, the committee unanimously decided
that Senator Franks, Republican. was
entitled to his seat
No case in court could have been
conducted with greater fairness and inn
Partially than was this trial of a Re
publican before a committee of Demo-
Gratis. Any one not advised of the facts
could not have learned from the trial
OF the case that Senator Franks was of
one political faith and the majority of
the committee of another. The commit
tee, presided over by Senator Skinner,
went carefully into the merits of the
case, patiently heard the arguments OIL
counsel and decided the case with AM
adherence to those principles of right,
law and equity, that obtain in court
Of law.
Cor,~al for Az, oo,,+ost,,t ,,,,do o,,+
what certainly would have been consid-
cred a sufficiently strong case by al
partisan committee. Democratic mem
bers were unseated by the Fusionists on
evidence SO much more slight than that
offered in this contest that the latter
would appear as absolute demonstration
beside it. The contestant showed that
there were some irregularities in the
ciecticn~of. the contestee, and advanced
reasonable argument and strong authori-
ty against the right of the Cherokees tol
vote, but in the opinion of the commit
tee neither was sufficient to justify the
unseating of the cOntestee and the COM
mittee so decided. The Democratic way
of melting out exact justice even to itsl
political opponents is in gratifying con-
trast to the blind partisanship of which
its members have been the frequent vic.
Tins both in the State Legislature and
in the National Congress.
The contestant based his case on twol
charges: First, that there are a number
of Cherokee Indians in the district who
voted for contestee, and these Indians
are not entitled to vote at all. Second.
that there were Irregularities in some of
the precincts that showed majority for
contestee and they should be thrown
out.
As to the first charge counsel for con-
testant claimed that the Cherokee In
dians are separate band. that they
are not now and have never been citi-
zens either of North Carolina or of the
United States, and cited in support of
that assertion and opinion of Judge
Golf, of the United States District
Court, that the Cherokees are wards of
the nation and not citizens.
In reply counsel for the contcstee read
the clause of the State constitution
which declares that all adult males not
aliens who have resided in the State for
twelve months preceding an election shall
be deemed citizens and be entitled to
vote. Counsel also pointed out that
Indians living in Robson, Washington
and Beaufort counties vote. and claimed
that time and again the courts have re-
cognized the Cherokees as citizens.
Counsel for contestant cited the clause
Of the constitution which excerpts from
the class Of citizens Indians not taxed"
This brought on a discussions as to-
whether the Cherokees are taxed, and i'll
was developed that they pay property
but no poll tax, having entered into an
agreement with the commissioners of the
counties in which they reside that they
are to pay no poll tax and in turn are
not to receive their proportion of school
funds arising from such tax.
In substantiation of the charges of
irregularity contestant brought out the
fact that three men had voted in Crab
Creek township, Henderson county,
against the protest of election officers.
and that they were not even citizens of
the township; also that the counting of
one box had been done by men not of
ficers, the officers, however, being pres
ent.
The vote of committee was taken on
the separate courts. Senator Daniels
moved that it be the sense Of the COM
mittee that the irregularities We're not
serious enough to vitiate the election
All voted mo-" except Senator Cheek
who vote faye" The vote was next
taken on the motion that the Cherokees
are entitled to vote. All voted aye"
except Senator Cheek. who voted mo"
Then a resolution was offered declaring
that the committee declare Senator
Franks entitled to his seat. All votes
cast were AYE" one or two members
not voting.
Mr.. Cannon is one of the first men in
Western North Carolina, and his friends
would have been gratiiied to have him
occupy any position of honor and trust.
He has served his party always with I'M
selfish devotion, and is a patriot in the
true meaning of that much-abused word.
He has made many friends in Raleigh
during his short stay among us.
The contest from the Thirty First dis