The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-07-24
.FUS|ONISTS TALK
ABOUT MANDAMUS
But No One Can Be Found to
Issue It.
A CAT AND BELL CAUCUS
They Would Stop the Election if Only
They Could.
HOLTON WOULD TEST THE AMENDMENT
Says He Will, as District Attorney, lndict The
First Man That Tries to Put Amend
ment in Force After lis
Adoption.


ancient enemy, the Cat. While they
thus sat in great doubt, a pert young
mouse rose and said:
81 have thought of good plan, and
that is to tie bell to the cats neck,
which would ring at each step she
takes, and let us know when she
comes near
This bright speech brought hope
with it, and made the Mice jump Tor
iov. Then a great old mouse, who
till now had been quite mute, rose,
and asked:
'But who among us shall put the
bell on the cat?''
No one spoke and the meeting adj
journed.
This is one of Aesop's fables and
so well known that it would not De
worth it's ink here but for the fact
it's counterpart was enacted in room
No. 40. at the Marlborough House, on
Sunday night.
On this modern Mouse-Cat-and-Bei
occasion there was a caucus OF F'us-
ion leaders. There was Holton, the
Radical chairman; Butler, the Popd-
list chairman, and Thompson. the
head of the Fusion ticket. Then there
was the usual contingent of revenue
doodlers and several visiting states
men-notably the Hon. Stump Davis
and the Hon. Harry Tracy, who have
come here all the way from Texas to
tell the people of North Carolina how
to manage their affair.
They delberated far into the night,
these saviorsl of their country, espe-
cially of the negro part of it. Finally,
after the expenditure OF much discus
sion and little wisdom, il was decided
that the section of the Election Law,
regulating mandamus was unconstitu-
tional.
"Therefore," they declared triumph
antlv. 1--WE will not abide by it. We
will appeal to the courts, have them TO
declare that it is unconstitutional and
issue q mandamuS compelling the reg
istration of our negroes. We may
thus remove registrars from office
or. if need be, or stop the election
altogether. We can get a superior
court Judge to declare that the section
forbidding mandamus is in violation OF
the constitution and issue as many
writs of mandamus as suits our pur-
pose. This ruling may not be right
and NAV not be sustained by the
courts. but it stands until it is re-
versed and that cannot be until the
Supreme court meets next fall"
This bright idea, like that of the
Young Mouse, was much applauded
until one man, q wee bit wiser than
the rest, asked:
''And where, pray, can we find such
a Judge. with the certainty of impeach-.
ment by the next Legislature staring
him in the face?"
Some suggested Bowman, some
Robinson and still others Timberlake,
but there was nobody named that the
caucus was certain they could count
on, and so it broke up bordering the
grave question thus presented.
There is no doubt that the Fusion.
lists are in very much Of hole. Their
attempts to- scare and intimidate have
failed utterly. The registration is
very much against them. The stam-
pede Of doubtful voters to the side OF
White Supremacy continues, and they
are at loss what to do.
Some of them declare that they
would, if they could. get an injunc-
ton against the holding of the cleo
ton at all. OF course no such order
would be regarded, even if judge
could be found who was willing to
make it.
Holton is already declaring what he
will do when the amendment is pass
ed. He will, as district attorney, he
said at Sunday nights conference, in
dict the first man that tries to en-
force it and thus have the question
of it's constitutionality tested.
But Mr.. Holton talks much through
his hat. 1t is by no means certain
that he'll be district attorney when
the constitutional amendment goes
into effect. But whether he is or not
Mr.. Holton is perfectly welcome to
have his little test.