The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-03-14
WILL NOT CONTEST.
Ex-Solcitor Spainhour Gives Reasons
Why he Abandons his Contest For So

TO the Editor: Having declared my
intention some months ago, to contest the
election Of Moses n Harshaw to the
office of Solicitor of the Tenth Judicial
District, | desire now to give my rea-
sOns for abandoning said contest
| was never an office seeker. | was
never "A candidate for any office, even
before primary convention. until 1891.
| have worked for the Democratic
party for twenty years. In 1894. when
the Democratic party deserted the doe
trincs it had advocated for more than
fifty years and followed Mr.. Cleveland
into the gold camp, | refused to go.
preferred, even alone, to still advocate
the old Democratic doctrine-the doctrine
taught by Vance and others, to going
with my party-much as | loved it--af-
ter q strange god. SO | ran as an indie
pendent Democratic candidate for the Of
flee of Solicitor of the Tenth Judicial
district. advocating the free coinage of
silver. etc | was elected. In 1896.
when the Democratic party returned to
its first love and adopted the Chicago
platform. it returned to what | had not
left was with it, ready to do all in my
power for its success. In 1898 declared
myself a candidate for reelection to the
office of Solicitor, subject to the action
Of the Democratic party. In this con
test. before the Democratic Judicial con
yention. | was supported by almost every
leading Democrat of the district who
was not himself candidate for the
place. In this convention seven of the
eight counties were represented, casting
IT. votes. Out of that number ] receiv
ed 1:;1 votes. | went into the campaign
| urged the people that, however they
might vote as to the Solicitor, not to
fail to support the nominees of the
Democratic party for the Legislature
that they could better afford to have
Il Republican Solicitor than to have an
other Republican Legislature.
| not only worked for the ticket dur
ing the campaign, but after the election
was over when Senators EaveS and
Lambert entered their contest, ] went at
my own expense. to Mitchell county and
took for them the dispositions that secur-
ed to them their seats. Every county
in the district save -Mitchell-elect-
ed Il Democratic member to the House.
| received S11 more votes in the election
November :. 1898, than the nominee of
the Democratic party. Mr.. W. G.. New
land, received for the same office in the
same district in 1894, Notwithstanding
Caldwell county gave Mr.. Newland 100
votes more in 1894 than | received there
in 1858. The face of the returns of the
election held November s, 1898 showed
my opponent. Mr.. Harshaw, to have a
majority Of ten 40 votes
Upon investigation | found that he
had received more than 100D one hun
dred Illegal votes. Upon this evidence
urged by leading Democrats. both in and
ont of the district. | decided to contest
the election and secured the services of
Judge A. c. Avery. S. j. Erwin. w S
Pearson, Il. i. Justice. w II. Bower
and w. b. Council TO make the contest.
Mr.. Harshaw having secured. as | was
told, the services of w. G.. Newland. |.
4. Avery. Senator Pritchard. r. H. Lin
ney A. =. Holton and others to defend
his suit. During the time preparation
was beng made for this trial the Legis-
lature passed Il law creating Il new
Western criminal district. including in
said district five of the eight counties
comprising the Tenth judicial district
and for which ] was contesting | am
told by Mr.. j. III. Hoffman. our repre-
sentative from Burke that he was op-
posed to establishing said criminal dis
trict. and would not consent that Burke
should be made Il part of it, until it was
distinctly understood that | was to be
made Solicitor of said county-that |
had made the fight for the party-was
now engaged in Il contest, with, as he
understood, almost positive assurance of
succesS-and that he would not be Il
party to taking it from me. The follow
ing letter from Judge Avery is here
quoted both in justice to Judge Avery
and to Mr.. Hoffman:
'Morganton, y. c., March 10, 1899
y. T. Spainhour, Esq;
Dear Sir: 1t is due 10 you and to my
own good name, that ! should state the
facts III reference TO the promise ON the
part of Judge Stevens friends that you
should be appointed solicitor for Burke
Tn account of the crowded condition OF
the civil docket of Burke Superior court
| urged our Representative, Mr.. Hoff
mar. to allow Burke to be put into the
criminal circuit, telling him that Senator
Cooke professed to speak for Judge
Stevens and promised that you should
be appointed Solicitor for Burke. 1t
was not until Senator Cooke had shown
me Il telegram from Judge Stevens prom
lsing to redeem his (Cocke'sJ pledges as
to appointment that Mr.. Hoffman agreed
to support the bill. Upon receiving the
positive assurance from Senator Cooke,
! told Mr.. Hoffman he could blame me
for recommending the passage of the
bill. if any one should complain. |
wrote you Immediately. and told Col.
Pearson and W. c. Irwin that you would
he appointed because | did not think
Judge Stevens would authorize by tele
gram a promise to be made and then
fail to fulfill il. ] have stated the facts.
| first heard of the petition to appoint
my nephew. /. I. Avery, through you,
and wrote you in reply, still under the
impression that the pledge made for
Judge Stevens would be observed. |
submit this statement because all the
environments make it my imperative du-
ty to make the truth known.
Yours sincerely,
CSigned) "A. c. AVERY"
am told now that l. r. Avery has
been appointed by Judge Stevens Solci-
tor for Burke-that w. c. Newland is
to he appointed for Caldwell; G.. G..
Eayes for McDowell; w. l.. Lambert
for Mitchell, and g. Il. Gardner for
Yancey. This leaves a district composed