French Broad hustler. [volume] (Hendersonville, N.C.) 1916-1919, 1916-11-30
JUDGE ADAMS DECIDES
IN FAVOR OF WEAVER
Counsel for Britt Enter Notice of Ap-
peal te the Supreme COurt-May
Contest Seat in House.

| In the case of Representative James
J. Britt vs. the Buncombe county board
: of election, Judge Adams Monday dis
missed the writ of mandamus. issued
by Judge Shaw on behalf of Mr.. Britt,
to compel the board of election to com
| ply with the law in certifying the re
turns. The board certified the returns
| shortly after the mandamus was issued
| and gave ZebulOn Weaver democrat,
| a majority of nine votes in the district
| Mr.. Britt's attorneys contended thar
| the action of the board was illegal in
that certain ballots that were unmark-
ed but which contained only the name7
| Of the congressional candidates were
counted.
! Counsel for Mr.. Britt noted an ap-
peal to the state supreme court aad
republican leaders said that an effort
would probably be made to enjoiR the
state board Of election from issuing
certificate of election to Weaver
pending a decision.
It is evident now that Mr.. Britt will
carry the case to the supreme court,
and in the event of failure there. will
enter notice of contest on the floor CT
the House of Representatives in Wash
! ington. In case it comes to the lattet'
Mr.. Weaver is given a certificate by
| the state board of election, he will
draw one years salary no matter how
the House decides. An appropriation
of $4,000, is made by the House for the
purpose of paying the expenses at
taehed to contest.
| Judge Adams, Tuesday afternoon.
told attorneys for Britt that in view of
tae fact that he had dismissed the man
damus proceeding he preferred not to
sign the temporary injunction against
1.-THE state canvassing board and the sec
retary of state enjoining them from
issuing certificate of election to Mr..
Weaver. However. he told them that
If they could not find another Judge he
would consider signing the order.
Thomas Settle left Asheville Tuesday
afternoon in search of another Judge.
The following interesting light on
the situation in the tenth is given IN q
ldispateh from Raleigh to- the Green's
fboro News, written by Thomas Bost:
Tenth district lawyers here today
don't think Congressman Britt has any
chance in the state courts or in the
national Congress.
"The attorneys believe that any in
Investigation will drive from any mind
not made up as to fraud. all dissatis-
faction. One of them who appears in
the case and lodges the calciums de-
Iclares that weaver has been as surely
elected as Ed Pou. eff we count all
unmarked ballots he is safe by 300
and if we count only marked ones he
is elected by 100. That's what made
Weaver safe in giving Britt any stand
ard of counting. If there is contest
absolute proof is ready to show Wea-
ver's honest election. AS the case
now. is much has been printed that
looks bad because the facts have not
been presented because they were not
relevant in granting the certificate
""There never was anything more un-
just than some of the news stories
written about the tenth. People have
allowed themselves to become biased
by imperfect reports. If anybody will
show me what could be fairer to Mr..
Britt to agree to count all ballots or
to cast out those unmarkedt Z don't see
what It could be- And il there is a
contest all these things will be brought
out.
"In the late JohnsonePate primary
election in this county, the state board
of elections ruled that Johnson had
not received majority and ordered a
new primary. Johnson; restrained the
county board of elections: from issuing
certificate of nomination to Pate after
the second primary had declared Pate
Iwlnner. The lower court held that
Pate lost his right to- another primary
by not making known his purpose TO
contest the. election and therefore he
was without remedy. albeit. the Judge
allowed the election to take place.
Something ESof, the. same issues are
involEed in this contest from the 10th.
the state board having ruled IN favor
OF mErfed ballutss while these were
! not c0unted1 IN some precincts: Now
! Mr.. WeayeE's hackers declare that he
J b elected ,bF.aay test TO: be employed"