The news & observer., 1901-01-26
M'NElLL WAS INELIGIBLE
Mr. Winston Introduces Bill Provid-
ing For Permanent Registration.
THE CALENDAR CROWDED WITH BILLS
Messrs. Winston, Rountree Craig, Nicholson,
and Spainbour, Spoke For Mr.. Green;
Messrs, Blythe ard Bsnbow
For Mr., McNeiII.

VI VIZ fWSNSilt
The House yesterday decided by big
majority Sc 10 l2, that II would not rec
ognze the claim Of J ". McNe1l, Re-
publican from wilkes. contcating for the
seat occupied by H. l.. Green. Demo-
crat.
The case came before the Committee on
Privileges and Elections and The contest
All withdrew all depostions, resting his
case upon the election returns. The con
tostee demurred to this evidence. and
The committee sustained the demurrer
as he held certihcate Of election from
the Board Of Canyassers and there was
no evidence 10 prove he was not entitled
10 H. The action OF The committee was
unanimous. Mr. Weaver Republican, OF
Ashe. afterwards requested 20 be allowed
10 file minority report claiming that
lie did not have an opportunity 10 give
notice Of his intention az the committee
mce ting. The permission was granted In
the interest Of fair play, and yesterday
both the committees report and the
minority report were submitted and
read. In The majority report, besides the
fpet az there being no evidence 20 estab
llsh The claim Of the contestant. Il was
stAted chat NJ The time of The election
he was deputy postmaster under his
father.
The minority report was long docu-
mont. setting forth that The contestant
bad not been allowed TO produce evidence
before the Beard OF Canvasasrs Of Wilkes
county. and that The House commi,tee
would not allow him to bring up the pro-
ceedlngs that TOOK place before the Board.
THE ARGUMENT.
1t was agreed that each side should be
allowed one hour to make it's argument.
I'm the debate that followed. all the
speokcrg for MI. Greene were Democrats.
and those for Mr. Mcneil. Republicans.
Mr. +. u. Winston, chairman Of the
Committee on Privileges and Elections.
stated that the Board Of County Canvas
sers had rejected certain returns. and
Chat the contestant could not legally que8-
ton the action OF the Board as they
constituted. according TO law the sole
and final Judge Of elections. He said the
brief called minority report which had
been filed by the counsel for the contest
ant. was based upon q complete misappre
hansicn OF the law; that the contestant,
Mi. Mcneil, had been given 4 fair oppor
tunity by the committee TO make out his
case by producing evidence 10 oaset the
certificate OF the Board OF Canyasscrs,
and had failed 10 avail himself Of It.
Mr.. Winston went on TO say that the
fact Of The Board declaring Mr.. Mastn.
a Republican, duly elected was proof of
their perfect honesty Of purpose
MR.. BLYTHE IN DEFENSE.
Mn Blythe Of Henderson spoke for
the contestant He said that Mr. WIN
stoi had spoken outside cf The question
ana claimed that the real question was
between the pfi,na faeic evidence Of Tho
returns OF the Canvasslng Board and the
prima facic evidence Of the returns from
the county itgelf
Mr.. Rountree. OF New Hanover, said he
thought this should not be- political
matter as the majority Of the Hoase was
so largely Democratic that they could
afford 10 Judge this question entirely on
It's merits He went on TO say that the
genllcman who had preceded him seemed
70 have misrepresentation Of the laws
governing elections. The will Of the peo-
pie musl be In accord with The laws thu,
express that VIII. Moreover, this body In |
The sole Judge OF the qualifications OF it's |
members. At the time Mr. Mcneil was
being voted for he held a position un-
dor the government as Deputy Postmaa-
ter and was therefore ineligible accord
ing 10 the Constitution OF North Caro-
lima.
Mr.. Nicho8on. Of Beaufort, stated the |
legal position If the committee in the |
case. There was no evidence whatever
In support Of the claim. ard the commit
lee Was compelled 10 decide as they did |
Not ON MERITS or CASE.
Mr.. Bcnbow, Of Yadkin: AS ! under
stand this matter we have nothing 10 do |
with the merits Of This case but only |
with the matter Of sustaining the de-
murrer of the contoatec Ii seems that /
the contestee demurrpd because thc con
testant had failed 70 make bis ease by rot |
bringing up sufficient evidence. and the |
committee sustained tte demurrer That !
is the only question before this House |
no~ The law gays that Il Il only me-
efgsary for the contestant 10 ehcW q |
majority Of votes Cast. aud then the bur. |
den OF proof reata upon The ccatcstcc The |
contestant ~ this case did submit the /
returns showing q majority of votes caet
and therefore tho burden OF proof Is upon |
the contested
Ar. Craig, of Bunecmbe, showed that the
term Of member Of the senate or IIouse
dated from the tinic OF election, and |
therefore since be had admitted that he
was deputy postmaster at that time nc
called upon he members TO support the