The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1900-07-24
Especial to the Messenger.1

summons mas determined tndt the rev.
enue officers shall not control the af-
| fairs of the state if he can help it. He
| wrote today to every county chairman,
| also to other active democrats in diff
| ferent parts of the state, requesting
close watch upon federal officeholders,
| and wherever one of the latter is gull
| ty of offensive partisanship or attempt
| in any way to interfere with the cleo
| ton or is unduely active in connection
with the election, TO have an affidavit
made Of the facts by persons who can
i speak of their own knowledge, and send
| the same 10 his. U.'on receipt of these
affidavits Simmons proposes to lay
| them before the president and the
| civil service commission and ask for
| action.
He says the conduct OF federal oiiiIe
| holders in North Carolina is a high
| handed outrage not TO be submitted
| TO and he intends the men who engage
| in this prostitution Of office shall be
properly dealt with and the law will
be invoked to see they are properly
| dealt with.
| This conduct of revenue officers is
| fragrant violation of the civil service
| as well as an outrage upon the rights
of the people of the state, and he
! thinks it is due the people OF the state
! that the department should be proper
ly informed of this Infamous attempt
on their part to interfere with the af-
| fairs of the people.
| Chairman Simmons, upon seeing the
| statements that Butler proposes TO at
tempt to arrest registrars today under
section A of the election law with q
| view to intimidating registrars, sent
| the following TELEGRAM cha irnan in
different parts of the state:
| Section Al of the election law Las
no reference to duties of registrars eX-
cept as to making returns. If a regis
| trar is arrested under this section, en-
ploy counsel and proceed against the
| party instituting the proceedings for
| assault and conspiracy, under section
%. The ten sections Immediately pre-
| ceding section A. refer to returns by
judges of election and other election
| officers, abstracts of returns and meth
Cd of counting returns, and it is per-
fectly plain section AZ has reference to
these returns. This section reads:
Amy registrar or judge of election, or
any county canvaSSer or commission
er, register OF deeds, clerk or chair
man Of county board of elections, fail
ing 10 make returns and perform dI-
ties required of him ETC.
These sections make it a crime to
1
provide that the attorney general may
bring action in behalf of the state for
the sum of $500 against any one of
these officers failing TO discharge the
duties imposed upon them with ref
erence TO these returns and abstracts.
Following is the opinion Of EXLChief
Just Shepherd and Thomas NJ. Argo,
given today to Chairman Simmons:
| In reply to your questions, we would
say that, in our opinion, section 4. OF
the election law has no application to
the conduct of a registrar in register
ing or failing to register any person
1t seems to relate TO returns of cleo
tion officers and their failure to per-
form their duties in respect thereto
| This view is strongly sustained by the
context and especially that part which
| makes the certificate of the governor
or secretary of state competent, prima
| facie evidence of particular default
Our opinion, therefore, is that any
proceeding under section A against a
registrar, because of his manner OF
conducting the registration, would be
void and those who, under such pro-
, ceedings, interrupt or disturb a regis
, trar while actively engaged in regis
| tration of voters would be liable tc
criminal prosecution as we'll as to civil
5 | action"
| Chairman Simmons was asked this
| afternoon concerning an article in the
1 AsheviHa Gazette, charging that he
was cha irman of the democratic exc
{ cutive committee while collector OF
| internal revenue. He said he wa:
| chairman of the democratic executive
committee in the campaign of 1892, IL
: | November of 1898 collector of interna
) revenue, when the democratic conven
: | tion met in 1894 he resigned as chair
: man, and James H. Pou was elected
: | in his place. He said another thins
| which he pf fa The a
| Vile Gazette and Holton and the fed
| eral officeholderS of the state. 1t wa!
| this-just before democratic convel
|. .uion of 1894 met hewas very much i'm
| portuned by friends throughout tn,
| state to remain chairman of the party
and make he campaign OF 1894. Hav
ing some business in Washington jus
| before state convention met, he calle(
| upon the commissioner of internal rev
: enue and informed him that his part.
: desired him to act as chairman of tn.
| democratic executive committee an.
inquired of him If It would be agains
the regulations of the department TO
| him to hold that position. The com
| missioner said it would be against tn
regulations, and that if he accepted
O the position and undertook to run tn
? campaign he would be required 10 re
{ | sign the position of collector of inter
|, nal revenue. Simmons further said n
4 required his deputies and others in tn
a service to have as little to do with pol
e itics as possible. While making n
: objection to their exercising their righ
r as citizens to vote, he en5oined upo
: them the improperly Of having any
:, | thing TO do with conventions, or in an
way attempting to control nomina
tions, or taking active part in polite
e | while in service.
n W. 4. Guthrie, candidate OF the pop
$ | uhst party in 1896 for governor, VII
: has filled one or two appointments
10 this time. WILL enter next week reg