The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-04-23
A MIXED QUESTION
When Does the New Com
mittee Go In? Good
win Contest.

| nation of J. Sherwood Upchurch in
| the primary in the Fourth Ward on
| last Thursday, there developed yes
question as to the powers of the old
| City Executive Committee, and as to
when the new committee takes office
| under the primary.
When the Upchurch contest arose at
| the canvassing of the vote by the
committee on Friday, it will be re-
J membered that after the matter had
been postponed until Friday night, it
was then agreed that the committee
would adjourn to meet on Monday
night and hear evidence on the chal-
lenges to the regularity of certain
votes cast for Mr.. Upchurch. At that
meeting, both the contestee, Mr. Up
church, and the contestant, Mr. Good
win were represented, Mr.. Upchurch
by his attorney, Mr. w. B. Jones, and
Mr.. Goodwin by Mr.. James II. Pou.
The matter having been postponed
| by apparent acquiescence or consent
on the part of either side. there was
surprise yesterday when Mr.. Jones de-
livered to Mr.. Pogue a paper signed
by seventeen members of the newly
elected committee requesting him to
call a meeting, of the committee for
noon tomorrow for the purpose of
electing a chairman and for transact
ing other important business.
Mr.. POgue replied that the COM
mittee had already been called to
meet on Monday night and that he
was not advised that the new COM
mittee had any actual existence as
such until after the nominations had
all been made by the primary. He
stated that he would consider the
matter and make known his decision
on Monday morning. 1t had always
been the custom, however, said he
for the old committee to hold over
until nominations had been made and
for the new committee then to take
charge of the campaign. Mr. Pogue
stated that he had no desire to have
any friction, but that he was doubt
full as to his own proper course under
the circumstances, as well as to
whether the newly elected committee
was as yet an official body.
Mr.. Upchurch, it is understood, pre-
ferS for the contest against his nom
inatiOn to be heard by the new rather
than the old committee and his friends
therefore wish the new committee to
organize at once SO as to take charge
of the hearing. While the precedent
has been for the old committee to
hold over until nominations in the pri-
mary were concluded, it is claimed by
certain members of the new commit
tee that under the legalized primary
law their existence as the authorized
party body dates Immediately from
the time at which the vote by which
they were elected is canVasSed, which
was done on Friday following the pri-
mary. This, it is understood, is the
construction placed upon the act by
Mr.. Jones. who stated to Mr.. Pogue
that he had asked him to call the
meeting as an act of courtesy to him
as chairman of the old committee.
1t also developed yesterday that the
friends of Mr.. Jones are urging his
election as the new chairman.
While the question involved. in the
light of precedent and past usage, are
somewhat involved there is no DISPOSE
ton on the part of the members of
either the Old or new committee to
have any friction or bitterness in their
settlement. Whatever is done will be
after careful scrutiny of the act and
good advice.
Britt Had "a Pardon.
Mr.. John Britt. who was challenged
by Mr.. Goodwin as having voted il
legally by reason of being an eX-con-
Wet, called at the News and Observer
office yesterday and stated that the
crime of which he was convicted was
committed when he was a boy and
consisted of rocking a train; that he
was at the time in bad health and
mentally unbalanced and that he had
been pardoned by Governor Scales.
A reporter investigated the matter
in the Governors office and found
the papers in the case and a copy of
the pardon the latter dated November
&c, 1887. From the papers, including
a number of affidavits from prominent
citizens of Goldsboro, letters from the
prisoners mother and father. Judge
oCnner who tried the case and others,
it appears that Mr.. Britt was at that
time considered insane and had been
so determined by commission. 1t
was on the ground of insanity in fact
that the pardon was granted. he nav
ing been convicted with companion
of shooting at train near Southern
Pines and sentenced to four years in
the penitentiary.
The only question as to Mr.. Britt.
therefore, is whether or not a pardon
serves to enfranchise a mar who has
lost his right to the ballot through the
commission of a felony. AS to this,
there is a difference of opinion among
lawyers Governor Glenn's opinion is
that the franchise is restored and that
was the opinion of Governor Aycock
and Attorney General Gilmer, who
filed an opinion to that effect in answer
to a request for the same from the ex-
governor.