The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-07-21
HE FINDS DIFFICULTIES
Governor Declines to Help Him in His
Dirty Work.
DID wALsER SIGN THE MOTIONS IN BLANK
He Declares He Did Not and That He Wi.
Bring Suits Only in Regular from and
After He Has Had Satisfac-
tory Evidence.

tory Evidence.
Butler, under the counsel and advice
of w. j. Peele, his attorney, has sent
out large number of warrants for
the arrest of registrars.
The arrests are to be made under
section AZ of the Election Law, and
Butler acknowledges, a Republican
tells me, that their purpose is to IN
timidate the registrars. He added:
There is some considerable doubt
about whether or not this section is
applicable except to punish registrars
for failure to make returns. Gov.
Russell holds this view; but Peele and
Butler claim that it applies to the
registrar for failure to perform any
duty required of him. And on this
construction Peele has made out a
large number of warrants and they
have been scattered all over the State.
Tt is their purpose to have them served
by tomorrow, preferably Saturday
morning.
operate as an intimidation, my Re-
publican informant said:
- ''It is hoped by Butler that so many
served-will have an influence on reg
istration today, getting on the books
the names of negroes who otherwise
would never be registered. What he
chiefly counts on, however, is the in
fiuence he thinks the pending prose
cution will have on the registrars as
Judges of election. He thinks that
the fear of punishment may sway the
court largely in his favor, especially
in close counties"
To this black end, it was learned
Yesterday, Butler is trying to induce
the Attorney General to bring suit
against these men in the name of the
State to recover the $500 penalty pre-
scribed by section AZ. OF such trial
the Attorney General must give ter
days notice in writing, and on trial
the certificate Of the Secretary of OF
State or of the Governor must be pro
duced, setting forth the particular de
fault on which the motion for judg-
ment is founded.
These requirements have greatly
delayed and bothered Butler in his
scheme. He asked the Governor to
make the certificates, the Governor
declined. The Secretary of State was
out of town, but wired that he was
ready to do anything Butler thought
necessary.
The Attorney General Walser was
sent for. Walser too had some ideas
about how the motion in writing
ought to be worded. These ideas
correspond with neither the ideas OF
Governor Russell, nor of Maj. Graham
Holton's attorney. Then another de-
lay. Finally it was announced that
everything had been arranged and
Walser had signed the motions in
blank on his official paper and left
them for Butler and Graham to fill in
This Mr.. Walser, however, most pos
itively denied on his way home yes
terday. 81 have signed nothing" hi
said, "and will not sign a motion OF
any sort until the Secretary of State
satisfies me he is in possession OF evl
dence sufficient to make out prims
facie case against certain persons
named. This has not yet been done
and therefore | have taken no steps
in bringing the suits Senator Butler
asks me to bring
Section AZ of the Election Law I'M
der which it is proposed to bring al
these suits is as follows:
Section Al. Any registrar or Judges
of election, or any county canvassel
or commissioner, Register of Deeds
clerk or chairman of the County Board
of Elections, failing to make the re.
turns and perform the duties requir
ed of him, shall be fined nat less than
five hundred nor more than one thous.
and dollars, or imprisoned not more
than six nor less than two months, at
the discretion of the court; and every
R<~x o4fn
shall forfeit and pay the sam of five
hundred dollars, to be recovered in the
name and to the use of the State, on
motion of the Attorney General in the
Superior court of Wake county. ter
DAYS previous notice in writing of such
intended motion having been given tt
such officer by the Secretary of State
The proceeding thereon shall be sum
mary, and if any matter of fact shall
be in issue, the same shall be trieC
at the first term; and on such trial, OF
for any purpose in the prosecution o.
such motion 10 Judgment, the certifi
cate of the Secretary of State, or o.
the Governor, as the case may be, O
the particular default on which TIL
motion is founded, shall be received
as competent prima facie evidence tt
prove the same"
Asked about these suits last night
Chairman Simmons said:
1--WE are prepared for them. The
negroes who had Mr. Fry in Montgom
cry county arrested will be at once
arrested, as will all who bring othe
similar suits. Every registrar in thu
State who does his duty will be full,
protected"
THAT THORRING HEADACHE