The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-04-27
Judge Moore to Decide
About Challenged Voters.
THIS BY AGREEM ENT
Upchurch Sought Injunction Against
Old Committee Acting and This Was
Being Argued---New Committee
Organizes With ]. N. Holding
as Chairman.

as chairman.
The net result in the contest for the
Democratic nomination for alderman
i'm the Fourth Ward, Second Division
is thus:
By agreement the matter of the lie
gality of voters challenged is left witf
Judge Fred Moore, now holding Wake
Superior Court. who will hear the cas-
Friday.
This came about after a series o.
meetings yesterday, the net result o.
which is herewith given.
Old Democratic Executive Commit
tee met at noon to canvass return OF
second primary, but no quorum being
present adjourned till 1870.
New Democratic Committee met a
/ o'clock and after heated argument
in which it was asserted that officiou:
people outside of the committee were
trying to run it, decided by vote OF
s13 to 9 TO organize. i. y, Holding was
made chairman and I'll. d. Bunch sec
rotary.
Notice of an injunction asked py
counsel of Mr.. Upchurch against the
old committee hearing the contest last
night were served on the committee
about 2 o'clock. The hearing was sci
for 4:30 but did not begin till prop
osition made by Judge Womack for
Upchurch to leave the question of le-
gality of the voters to Judge Fred
Moore was at once accepted by Nj,
Jas. II. Pou: counsel for Mr. Goodwin
, and the hearing set for Friday.
At 1870 the old Executive Commit
tee met in the mayors office and can
vassed the returns for mayor, police
justice and city tax collector. Decla-
ration was made of the nomination OF
James /. Johnson for mayor. Thomas
Badger for police justice, and John ).
Jones for city tax collector. The meet
ing adjourned subject to any decision
OF Judge Moore which might require
another meeting.
A Quick Acceptance.
The dramatic denoument in the
events of the day came near the close
OF Judge Womack's argument, in
which he had urged that the old COM
mittee had nothing to do with the
Goodwin-Upchurch contest. that it was
q dead committee. Telling of things
he was williHgs toe do;s he said:
I'VE are willing to leave the whole
matter to your honors to pass upon
this concerning the legality of the five
votes challenged, and you can act OF
it tomorrow"
Quick as a flash Mr.. Pou was on his
feet. saying:
I'VE will agree to that, il his honor
will lhear the case tomorrow and take
up the question of the legality of these
voters we challenge we will be perfect
ly satisfied
Judge Womack came back at him:
1--WE do not know the names of the
men you challenge said he, land we
want to know these"
Then from Mr. Pou:
I'VE will furnish you with i list OF
these
Judge WOmack again:
But we will want to challenge some
of your voters"
Mr.. Pou was reading: You car
challenge whom you please" said he.
Again Judge Womack had a de-
murrer:
eve can hardly be ready by tomor-
row." said he, but the day after
I'VE accept that Also declared Mr.
Pou.
There was then q formal agreement
following this give and take" duel
and Judge Moore agreed to hear the
case as to the legality of the voters
this being the cruX of the affair. Both
sides agreed to accept as final the de-
cision which is made by Judge Moore.
The events of the day, leading up
to this. are as follows
Old Committee No Quorum.
The old Executive Committee of the
City Democracy, called to meet at II
o'clock failed to get together in a
quorum, Chairman Pogue was on
hand and seven others, but this was
five short of quorum. After waiting
till ten minutes to one the meeting
adjourned til! 1880.
New COMMITTEES Organizes.
At one o'clock the new committee
began it's session. A roll call showed
fourteen present in person and six by
proxy, two others coming in later. Mr..
G. Il. Barbee presided with II. d.
Bunch as secretary.
Mr.. w. p. Whitaker moved to or
ganize the meeting and to elect a
chairman of the committee. Mr.. f.
w. Habel opposed this, inquiring into
the legality of the meeting, saying the
custom was to have the old chairman
call the meeting together. He cited
the various efforts to meet and de-
clared he could see no legitimate rea-
son for such precipitate haste He
moved to adjourn till Friday night
Then there was debate of an
hour. participated i'm by Mr. Whita-
ker Mr.. Habel, Mr.. j. n. Holding and
Mr.. A. E. Glenn principally. The ques-
ton of tho Old or the new was ar
gued. Mr.. Whitaker declared the old
committee dead and the new commit
Tee In power. lie quOlcu ldW anu sent
out for a law book from which he ex-
pounded the legality of the cause he
advocated Mr.. Habel said there
seemed to be something behind all
this haste and Mr.. Whitaker said not,
that there was no Interior motive be-
hind, and that the committee would
be false to it's trust if it failed to or
ganize, that its term really began on
Friday. He resented Mr.. Habel's re-
marks as gratuitous. He placed Mr.
j. N. Holding in nomination as chair
man
Mr.. Powell questioned the power
of the committee to canvass returns
and wanted to know the status Mr.
Holding said the rules of the Demo-
cratic party prescribed what was to
be doh nd held that the duties OF
the oTdA mmittee now devolved or
the ney kAsnat the old was extinct. Mr.
Pogue ausD I'd and said the purpose
of the Il c-committee had been to
canvass The vote at noon, but there
was no quorum.
Mr.. A. E. Glenn spoke and said 9