The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-01-14
The War to Seat a Dead
Man Begun.
Continued from First Page.)

attorneys for the contestant Moody nave
this to say on that point:
"Tne novelty and Importance OF this
case. establishing in several important
points. as it must, precedent, demands
for it n prompt as well as careful and
thorough consideration.
..The ADDITION of Constitutional Amend
ments restricting the suffrage in the
Southern States, and the passage Oh elec-
ton laws in pursuance OF those amend
ments which carry the limitations ana re-
striotions of the elective franchise bow
shot beyond the resting point OF the
Amendment itself, and still further dis
franchise voters by placing almost With
out exception, every question IN regard
to the registration of voter in the dis
erection of the registrars, who are all
Democrats, these measures, this actual
LEGISLATION in some States, North Caro-
lima among them, and the tendency TO-
wards such legislation in other States, pre-
SCENTS a situation which calls imperatively
to Congress for action; II not in the line
of the reduction of the representation IN
Congress based upon the extent OF the
acknowledgements by such Amendments
and election laws, certainly in firm de-
claration that while the Nation will ac-
ouiesce in the solution of vexed ques-
ton offered by the Constitutional Amend
ments and election laws referred to,
departure in practice from the spirit and
letter of those laws will not be tolerated.
"The fact that some of the Southern
States have adopted such Amendments to
their Constitutions, and enacted such cleo
ton laws has excited widespread COM
ment, criticism, and in many instances
censure and denunciation. How idle and
futile is all of this should Congress, re-
fusing to strike at the tap root of this
rapidly developing growth also temporize
and delay in dealing with a case in which
it is shown that the outrages on the fran
chise actually perpetrated in the conduct
of the election by partisan officers, find
no resting.place either in the spirit or
letter of the Amendment itself, or the
election law
Then admitting that the Fourteenth and
Fifteenth Amendments to the National
Constitution have, in many respects, TAU
ed to accomplish the object sought. and
have established series OF difficulties ana
embarrassments that have created a SEN
timent in the nation at large" the Drlef
adds:
'If it be admitted, as the writer con-
ceives it must, that in actual practice and
operation our Constitution has IN many
respects change x and that-w we
are today face to face with the proposition
that the elective franchise is IN almost
every State in the Union being restricted
this condition can only increase the re-
sponsibility of Congress in dealing with
those contests which properly come be-
fore it; and whether existing laws are de-
clared to be unconstitutional, Or II not,
such as call for the punitive legislation OF
a reduction of States representation
they in any event, and at all hazards,
call for demand On the part of Congress
that such Amendments and election laws
shall be administered by the party re-
sponsible for their adoption and enact
ment, and by their partisan officers, fair
ly and impartially and in accordance
with a liberal Interpretation of their let
ter and true spirit.
THE CASE AGAINST ALBRIGHT.
subcommittee of the Senate Commit
tee on Postoffies this morning heard the
ase against Postmaster Albright, OF Mt.
Airy, whose nomina ton to the Senate had
been held up on account OF charges pre-
ferred against him. The subcommittee is
composed of Senators Burton, Scott, and
Simmons. They met at 10 o'clock this
morning and heard argument for Albright
bv Spencer Blackburn, who had him ap-
pointed, and against him by Major j. e.
Alexander, and Mr.. F. w. Carter.
Two charges are made against him.
First, That he is a nonresident, that he
resided at Durham and Wilmington and
had applied for the postoffice at both
places.
Second, That as railway mail agent pre-
vious to his appointment as postmaster,
he had used his mail car for carrying
jugs of whiskey, produce and birds in
large quantities and to such an extent
that he had boosted that he made more in
this way than his salary as postal clerk
amounted to-
I nhis defense it was claimed that he
was bona fide resident of Mt. Airy, and
that the produce he transported in his