The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-12-02

and did not register the negro. For that
against the Federal government (Which
has no jurisdiction over State or Congress
sional electons) hauled up and prosecu-
ted by Republican officials, who will seek
to make him wear stripes. If he COM
mitted error, it should have been COR
rected in time to let the negro vote. After
practically acquiescing in his construc-
ton, it savors of petty political persecu-
ton now to be dragging the registrar
into the Federal court in determination
to send him to the penitentiary.
If the Rutherfordton registrar acted
corruptly in refusing to register any per-
son applying to vote, 4 ought to suffer
the penalty of the law. But there is
no law that would take his case into the
Federal court. Docs anybody believe that
if Moody had received enough votes to
win, Mr.. Simpson would now be threat
ened with prosecution?
The truth is that, if the negro who
except the misspelling of the word "di-
vided," the registrar at Rutherfordton
ought to have registered him. But all
the attendant circumstances show his re-
fusal to register him was not corrupt,
but that he was seeking only to strictly
exercise the law as he understo God it, in
the exercise of a discretion vested in
him, it must be shown that he exercised
his discretion corruptly before he can be
convicted of a crime. Much stress is laid
upon the fact that the Democratic State
Chairman declared that Mr.. Simpson
ought to register the negro preacher. The
fact that he declined to take orders from
the State Chairman shows that the Ruth
erfordton registrar felt that he had prop
erly interpreted the law. If the Demo
Gratis had been seeking party advantage
by the act of the registrar, does not
everybody know that the Rutherfordton
registrar would have been quick to
change his ruling in accordance with the
expressed opinion of the State Chairman
of his party? 1t is true that the letter Of
the State Chairman was a mere asser-
ton Of party policy He had no official
connection with any registrar. Mr.. Simp-
son in his determination to execute
the law strictly seems to have leant
backward. But who will say he was not
stood it? The fact that he declined to
change his ruling under the advice OF
Senator Simmons shows that he was
fully persuaded he was doing right.
In his correspondence Mr. Hildebrand
virtually states that the Republicans are
made more bold to prosecute the regis
trars now than two years ago because
then the Governor was directed by the
Legislature to pay the expense involved
for the defence of the indicted registrars,
and, if requested in writing by the At
torney General to do so, to employ addi-
tional counsel to assist in their de-
Tense. Mr.. Hildebrand, Mr.. Holton and
other Republicans are evidently of the
opinion that the law, under which the
Governor acted when last they sought to
prosecute Democratic registrars, has been
repealed or is a dead letter. If they
are proceeding upon such an idea they
will be quickly undeceived by reading the
provisions of the act That law remains
on the statute books today. 1t is in full
force and effect The day Mr.. Holton
arrests registrar who was in the dis
charge OF his official duty, that day the
Attorney General is required by law to
appear for him in the Federal courts;
that day the Governor is required to put
the whole power of the State and it's |
revenues behind the prosecuted registrar
and the State Treasury is his bank ac-
count to be used to secure him a proper
defence and a fair trial. The Governor |
is directed and required to pay the costs |
in such prosecutions and the Attorney |
General is required to appear for the |
parties under indictment. 1t is to be |
hoped that Mr.. Holton, guided by his |
political and official advisers, will not |
such a conflict between the |
and State authorities. If he |
does he will find that the whole power of |
the Commonwealth is behind the men !
whom he is trying to convict for no !
crime except an alleged incorrect eXer- |
else of their discretion, which, if error, |
could have been corrected before the !
election.
1t has been suggested that the prose-
cution has been instigated by Senator |
in order to restore him to the |,
good graces of Roosevelt and lot him con- |
tinue to dispense Federal patronage. |
Some prominent Republicans believe that |
Senator Pritchard feels the need Of doing |
something radical to show his devotion |
to the negro. His kicking them out Of