The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-04-27

/ faithful. He argued for the power OF
the old committee and against haste.
! He declared that some person outside
of the committee was trying to
granny it and the old committee
also. He declared he resented the
officious course of this person who
had been running around trying to
get meetings.
Mr.. Holding later said that the
Goodwin Upchurch controversy was
at the bottom of the trouble, as to
which committee had authority in the
matter.
Thus went on the argument till
finally vote was taken on the motion
of Mr.. Habel to adjourn till tonight,
this being lost by g to 9 as fol-
lows:
Not to Adjourn-Whitaker, Simp-
son, Pace, E. B. Barbee, DeBoy,
Bunch, Seawell, Arendell, Weather
spoon. Holding, Blake, C. B. Barbee,
Branch-13.
To AdjOurn-Powell, Foster Wyatt,
Haynes, Haywood. Habel, Glenn, Up
church, Brown-9.
Mr.. Whitaker's motion to organize
was then carried. Mr.. J. N. Holding
was elected chairman by unanimous
vote and Mr.. H. d. Bunch secretary
by similar vote. The meeting then
adjourned.
Injunction Next Asked.
In the afternoon notice of an in
junction asked for to prevent the old
committee hearing the contest Ce-
tween Upchurch and Goodwin was
served on Chairman Pogue and mem
berS of the old committee. The hear
ing was set for 4: 80 but another case
being in the way it began just before
-, L.
The proceedings before Judge
Moore were begun with the reading,
by Mr.. w. B. Jones. of the petition
for the enjoining of the old Demo-
cratic Executive Committee from ex-
amining into the contest of Goodwin
VS.. UDchurch for the Democratic
nomination for alderman in the sec
ond division of the First ward to de-
clare Upchurch the nominee and to
declare the only Democratic commit
tee in existence to be the one elected
at the primary on the goth of April,
the old one to be out of existence.
Following the reading of the petit
ton Judge Womack, for Upchurch,
stated that an ex parte temporary re-
straining order be granted was the re-
quest.
Mr.. James H. Pou, for Goodwin.
IN. II
p. Maynard and he appeared for Mr.
Goodwin, this in response to an in
quiry by Judge Moore.
Mr.. Josephus Daniels stated that
the Democratic Executive Committee
had no counsel, and explained the cir
cumstances of the contest and the va
riouS meetings which had been held.
He said the committee had not
sought to secure counsel. but speak
ing for the committee he simply asked
for the law on the subject, that he
and the committee were contending
for no office and if the new commit
tee was to act that he would be sat
isfied that the old committee was
neither seeking or shrinking from the
matter. He declared, however, that
other executive committees, National
State County, City and Township had
always been left to settle affairs aris-
ing before them. AS to the statement
that members of the old committee
had expressed adverse opinions
against Upchurch he knew of none
such having been made. If Mr.. Up
church had received the nomination
by one majority he should be given it,
but it there had been fraud in the
election it should be investigated and
the proper action taken.
AL. W. ~. LOT MI GOODWIN,
the contestee, denied the charges IN
the petition and held that the old
committee were in office to discharge
the duties concerning the contest. He
held that the rules of the party which
governed under the statute, should
govern, that if the committee were
only automatonS to tabulate votes
then the court would decide with the
plaintiffs, but if the proper canvassing
nf hn H.
these and into the matter of contests
was taken into account, then the petit
ton would be dismissed If a mis-
take is made by the committee then
the matter can be taken into the
courts. He urged that the authority
of the old committee was to hold the
election and to determine it, and that
this was the duty which the ON COM
mittee was trying to perform, that this
is the common sense proposition. He
held that if the committee decided
that Upchurch was not entitled to the
nomination he was not without remedy
after this, as he could appeal to the
courts. Mr. Jones then explained at
length the party rules regulating the
case and told how these had been OBJ
served. He held that if the old com
mttee was entitled to hear the case ut
ALL it was due sufficient time in which
gave citations from law in support Of
his contention, declaring that the at
tempt was being made to hold up"
the old Executive Committee in the
midst of it's work and to give it no
power to correct mistakes made by
polrl holders. He urged the right Of
the old committee to hear the contest
and settle it.
Judge Womack. appearing for the
contestee Upchurch spoke next and
held that as the new executive commit
tee had been declared elected by the
old committee and that the primary
being a new departure and no rules
appearing for this, that the term of
office began at once. He read law 30
sustain his point and then described
the affairs centering about the recent
election, and the proposed meeting to
be held to investigate the Goodwin
and Upchurch contest. as we'll as the
meeting and organization of the new
committee, which he held to be in Of
flee either from the date of the cleo
ton or at the beginning of service in
the office. He stated that his informa-
ton is that members of the old com
mittee are inimical to the rights of
Mr.. Upchurch and that the new COM
mttee should pass upon this matter