The Caucasian. (Clinton, N.C.) 188?-1913, 1904-02-18
QUO WARRANfO PROCEED
INGS.
NOW TINE DEMOCRATS COUNT ~ the
MACHINE CANDIDATES.

DcaI CfI.-Ah LILY IcttSI W SOul
paper last week, either you or ]
made little mistake. / intended
TO show how the returning board
by the use Of the Section of the
Election Law which you published
could count in the Machine candi
date; and by this law. which can be
found on page 1927 of the Laws oil
1899 and which is known as Chap
Ter 80. can absolutely rob the candi
date, which the people had elected
of all the emoluments of the Office
and thereby defy and destroy the
will of the people.
AS you did not publish this law
Chap. SO Of the laws Of 1899, 1 will
ask } on to insert it here:
"CHAPTER SO.
AN ACT TO REGULATE QUO wARRAN'
TO PROCEEDINGS.
The General Assembly of North
Carolina do enact:
Section l That in any civil
action pending in any of the Courts
Of this State wherein the title tt
any Office is involved the defendant
being in possession of said Office
and discharging the duties thereof,
shall continue therein pending such
action, and no judge shall make any
restraining order interfering or en-.
joining such officer in the premises;
and such officer shall, notwithstand-
ing any such order, continue to ex'
ercise the duties of such Office pend.
ing such ligitation, and receive the
emOluments tt ereOf.
Section g. This act shall apply to
existing suits.
Section 8. This act shall be in
force from and after its ratification.
Ratified the 31st day OF January,
A. D. 1892"
This is known as the law to regu.
late Quo Waranto Proceedings; that
is, the manner by which the title to
the Office is tested. Now the object
of this law is plain; its result is to
invite fraud. And one other fact
desire to call the attention of your
readers, is that it was passed in the
very first month of the first session
of the Legislature after they regain
ed the State in 1898.
HOW THE WILL OF THE PEOPLE IS
DESTROYED.
Political parties are nothing more
or less than great co-partnerships Or
ganized to accom- plish certain ends
that can not be accomplished by in
dividuals. To illustrate The peo-
pie of Wake County want a fence
law, or a creek law. a road law, or
school law. There is but one
Way to get it and that is by elect
members to the Legislature who
will obey the wishes of those who
elect them, and will pass just such
LAYS as the citizens of Wake want.
Organization is necessary to do this.
There may be citizens of Wake who
do not want the fence law changed.
These men may have control of the
machine, and they deliberately
count out the men elected and count
in the men who we're defeated. In
his way the will Of the people is
Il stroyed, and legis alton that is
necessary to the best interest of the
county is made impossible.
In order to fasten its hold on the
people the machine not only counts
n its legislative candidates, but it
'lso counts in its sheriffs, its clerks,
etc. This Is one way they
AVE of paying their strikers for
heir political activity and devil |
nent. But under the old law.
hould any Of these officers who
we're counted out by fraud institute
Quo Warranto Proceedings to get the |
'f+ice of which he was defrauded.
nd succeed; the man who held the |
'ffice by fraud was compelled to
Jay back all the fees he had received
While he held the Office. This was
90 bad. It was bad enough for a |
democrat to loose an effice that he
nd a dozen or more men had com.
nitted perjury and theft and risked
lis souls's salvation to get, without
laving to loose the emoluments also,
therefore, the democratic Legislature
f 1899 passed the law which 1 have
iven, and thereby made themselves
'articeps Criminis for they finished
he crime. The returning board
ao stolen the Office, and the legis-
ature stole the fees to give them
o the men the people had repudiat-
d at the polls. /
1t is for this and other reasons
which I mentioned in your last is
ne, and for hundreds of other
easons which I have not mention
d, that [ stated I believed the
emocratic party had never been
1ore corrupt than today, and that
here had never been better reasons
Or good men to leave it than now.
JUSTICE. L
Shock Of Hanna's Death Killed Him.