The Caucasian. (Clinton, N.C.) 188?-1913, 1901-03-07

The first time In the history Of The
Government wherein . ea~. has bss.n
Presented io this body for its con-
siderxtion which involved the qu.---
tIon as 10 whei her or not one Of the
States Of this Union pds-><e- re-
pablican form Of government.
/ am aware Of the fact that la the
Turpie case this body held that the
State legislature Is the judge OF the
election, qualifications, aud return of
its own members; but while that J.
true, in so far as the action of the
legislature with respect 10 the quail
fications and election Of Its members
Is concerned, at the same time do
not understand that the Senate in
that case decided that under no con-
ditiols would this body have juris
diction TO inquire into the methods
and the laws under which State
legislature was elected. call at
tention to the closing sentence of
the report made in the Turpie case,
which Is as follows:
"rhe majority of the committee
do not mean TO be understood as
now committing ourselves to an
opinion upon the question whether
the Senate can not refuse to seat q
claimant who owes his election to a
legislative body which Is itself the
result of fraud or crime-which has
overcome the true will of the peo-
ple-even If it have possessed itself
of legislative authority and of the
technical evidence of rightful char
acter, or whether the judgments of
such body as to the title to seats of
its Individual members are entitled
to any respect whatever. If that
question should hereafter unhappily
arise, 1t will be dealt with on its
own merits"
LEGISLATURE ELECTED BY FRAUD.
Here is an intimatiOn by the dis
tinguished Senator from Massachu
sets Mr.. HOAR who made the re
port for the committee, that this
body would have jurisdiction to in.
stitute inquiry as to whether or not
State legislature had been elected
by fraudulent or unfair methods
1t would be difficult to present tG
this body evidence to the effect that
the Democrats secured representa-
tives from a majority Of the coun
ties in that State by intimidation
but when we remember the many
outrages that were perpetrated il
central and eastern Carolina at the
last election, there can be no ques
tion as to the fact that the will O
the majority of the people Of tina
State was not expressed at the bal
lot box.
While am not prepared to offel
remedy, at the same time l deem
it my duty, as one of the Senator
from that State, to give the Senat'
such information as I may posses
with respect to the unlawful ant
unwarranted methods that have beel
resorted to by the Democratic part,
in order to obtain control of our af
fairs However, these are matter
which properly belong to the Com
mittee on Privileges and Elections
and to that committee. composed a
it is of some of the ablest lawyers il
this body, | commend this question
for it's intelligent solution.
The present legislature has in t
tuted Impeachment proceeding
against Chief Justice Furches an
Associate Justice Douglas, of tn
supreme court, both Of whom ar
Republicans, but inasmuch as tn
matter is now pending before tn
Senate as court Of impeachment
deem it improper that l should er
ter into discussion of the merits {
the case, further than to say tha
the judges are gentlemen of hig
character and standing, being law
yers of acknowledged ability.
am informed that certain pal
ties in the city of Raleigh ars ci
culating a rumor to the effect tha
there exists an understanding b
tween the judges and the leaders {
the Republican party in the Stat
to the effect that the question of tt
, validity of the amendments recen
ly adopted to the constitution of tt
State, if brought before the cour
to declare them unconstitutional an
void; and that it is therefore nece
sary to remove the impeached judg'
, to prevent the undoing of the wol
! of the Democratic party in securir
3 the adoption of the amendments.
In this connection desire TO sta
q that there is not the slightest foul
dation for any such statement; tn
: it is absolutely false, and cru
8 wrong and injustice to these judge
to the Republican leaders of Il
: State, as well as myself. The su
ject has not been mentioned, eth
e directly or Indirectly, to me by ar
D member of the supreme court, and
! am OF the opinion that there is not
: lawyer of any reputation in Il
State who would be guilty Of SUI
b unprofessional conduct. l have n
s had the slightest intimation as
;. what would be the decision of t
t judges in relation to this question
8 the event that they should be call
y upon to hear the question upon l
a view. 1t is highly probable th
e any proceedings which may be ms
It tuted for the purpose of testing t
n validity if the amendments will
# begun iu the United States court,
It asmuch as there is Federal qu
" tion involved, and which will pl
It clude the possibility of the Sta