The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-02-11
BUCKNER CONTEST
SHORT ON THE LAW
Thirty Days Notice Stands in
the Way.
IT CAN NOT BE AVOIDED
Senator Grffith's Attorneys Simply Adhere 10
the Law of Elections and
Griffith Holds His
Seat,

The contest of w. NJ. Buckner for the
seat in the Senate held by w. E. Griffith
of the Thirty sixth Senatorial District
was scheduled to start yesterday.
But the contest did not move. as it
was stonewall right at the start that
it met with. The Committee on Privi-
| leges and Elections of the Senate, over
which Chairman Mclaughlin presdes,
met to hear what was to be said found
no law under which to take up the mat
| ter and postponed a further hearing OF
the case subject to the call OF the chair
man, and the production Of some law
under which the case could be heard.
In opening the meeting Chairman Nc
Laughlin read section 1850 Of the Code,
| the provisions of which set forth that
the seat Of no member of the Senate shall
be contested without that member having
notice of thirty days of such contest
Chairman Mclaughlin stated that from
the notice before the committee it ap-
peared that Senator Griffith had only
| been served with notice from w. NJ
| Buckner, the contestant, on February 7th
and that thirty days had not elapsed
since that time.
Both Senator Griffith and Mr. Buckner
were present in person and by attorney.
Judge Francis D. Winston, of BERTHE, and
Mr.. w. w. Zachary, of Pennsylvania,
representing Senator Griffith, and Mr..
| Ellis Gardner, of Yancey, representing
| Mr.. Buckner.
| Judge Winston, for himself and Mr.
Zachary, entered notice of appearance
with the right reserved to answer, waiv-
! ing no right by their appearance at this
| time. He stated that at the proper time
as set forth by the law that proper
answer could be given and proper proof
produced in support of the contention OF
| the election of Senator Griffith.
Mr.. Gardner was next heard. He .aid
that if the matter of special elections
had been considered he did not think that
| the law on the books, as the time for
| notice would take away many rights from
the contestant. He declared that his
| client was not present, begging for any
thing but only wanted his rights, which
could not be obtained by holding to the
law quoted
Judge Winston replied that the notice
showed that the contestant intended to
| base his contest on highly technical
grounds, this being that his client was
not the man voted for, the assertion be-
ing that the ballots were cast for E. E.
Griffith and not w. E. Griffith. In this
view of the case he asked the committee
to take the law as they found it, for it
| technicality was to enter the case it must
be so from start to finish.
Senator Webb here said that he did
change the law and take away from Mr..
Griffith his rights.
Mr.. Gardner declared that while the
contestant alleged that it was E. e. and
not w. E. Griffith, who was voted for,
yet the thirty-six votes from Mitchell
would have defeated Griffith by three
votes. He said that his client did not
want to sneak in on a technicality, but
to come in by majority.
Senator Hoey declared that he had
never heard of a contest being served on
an representative. National or State, af-
ter he had been sworn in, and that as this
had been done in the Griffith case he
thought Mr.. Buckner had lost any right
he had by his own delay and ought not,
to come to the Legislature for relief.
Senator Marshall, (Rep), said that he
saw no law to fit the case and asked Mr..
Gardner is he knew any. Mr.. Gardner
said none except for the case of a contest
in a general election.
| Following this up he set forth the
grievance OF Mr.. Buckner as stated in his
protest, said Griffith had been sworn in
eight days after the election, that the re-
turning board had never met, and that
Mr.. Buckner had no more idea that Mr..
Griffith was in Raleigh on the 2Sth to be
sworn in than he had of flying to Raleigh
Chairman Mclaughlin said that as the
contestant was standing on his legal
rights. guaranteed in a code printed
twenty years ago, that he did not see
how the committee could go behind it at
| its pleasure. He asked Mr.. Gardner if
| he knew of any way and Mr. Gardner
said: mo"
Senator Webb suggested that Mr. Gard
ner might get a special law through the
/ General Assembly to regulate it, Mr.
Gardner asked Mr.. Webb if he would he
willing to help shove it through. To this
Mr.. Webb replied that he could not say
that he would, as he did not know what
Mr.. Gardner would have in his bill and
would like to see it first. AS to the
legality Of Griffiths election he knew
that he had n his hand a certificate
properly made out
A motion to go into executive session
was passed over aid Senator Mann said
that the law on the Statute books could
not be expected to meet every case. and
that somebody had to suffer. Senator
Marshall said he understood there was
no other law under which to hear the
case, but that there ought to be a way
in which Snch' a case could be heard