Delaware State journal and statesman., 1869-10-12
Proceedings of ihe City Council. sitting
ns Court, In the Contested EIectiOl
Case of pIunhelf VS., Dillon,

ns n Court, in the Contested EIectiOH
Case of Plunkelt VS.. Dillon.
At ten o'clock Yesterday morning, tls
City Council met in the City Hall, TO exam
inc and try the case of Philip Plunkett oeys.S
Patrick Dillon, in the contested election
case ofthe First Ward.
The President briefly stated the object d
the meeting, and exhoIted the members ID
try and determine the case according 10 The
very right OF the matter, and according to ib
true merits, without respect to party feeling
or personal preferences.
Mr.. Gallagher moved that Messrs. Pickeh
and McIntire be appointed TO re- count tie
votes IN the ballot.box Carried.
Messrs. Lichtenstein and Simmons weib
appointed clerks.
On motion of Mr. Febiger the rules d
Council were adopted MS the rules governing
the meeting.
On motion of Mr.. Febiger, the ballotbck
was produced
On motion of Mr.. Quinn, the Inspector Gf
the First Ward was requested to examine
the seal and say il, in bis judgment, it had
been tampered with.
Mr.. Bcyer examined the seal, and pro.
nounced ii all right.
The counting was then proceeded with,
when a debate sprung up as 10 the right OF
Council 10 throw out doubtful tickets
Il was finally deci1ed that all doubtful or
irregular tickets be laid aside until the end
ofthe count, and then disposed of as Coun-
Gil might direct.
The tellers having finished the counting,
reported that on the straight count
Phillip Plnnkett had 2s5 votes
Patrick Dillon had 200 e
and that blank votes were is
Doubtful,
The question then arose as 10 a ticket
which was torn at the name "Phillip Punk
ett." 1t was contended by some that the
break in the ballot was accidental, others
that it had been purposely scratched by the
voter. On motion to count the vote, il was
lost; ayes G-naYs H.
The next question was as to the disposis
tion of the doubtful votes. One had the
name OF Patrick Dillon scratched out and
the name "Plunkettn written In the margin
After some debate il was agreed to give the
vote to Phillip Plunkett, by ayes 12-nays 8,
On motion OF Mr. Gallagher, Council took
recess till 8 o'clock.
AFTEREooN-3 O'clock.
Council resumed its session.
The committee on counting the ballot-box
reported that the box contained 602 votes,
while the tally list showed 600, and the poll
list 6l2. The report was adopted.
MIR. Finnegan moved that, the Report be-
ing final, Mr. Dillon be declared duly elect.
nays, which, alter long, spirited and inter
esting debate, resulted in the Withdrawal! of
MIR Finnegan's motion, and the introduc-
tlon OF preamble and resolutions, declaring
that the election in the First Ward was ir-
regular and in confusion. That the ballots
showed no election, and that an advisory
election be held in said Ward, under the d.
rection OF Council, on the 4lh Tuesday in
October, inst
Mr.. Pickels introduced the City Solicitor
John G Patterson, Esq-who expressed
the opinion that Council had authority TO
order an adUisOry election for a candidate
who, upon being chosen by tho Ward, they
might select 10 fill the vacancy. Under the
Nine Wards bill they had no legal right TO
do so, but as an dd0isOry measure il was in
their power TO do so.
Mr. Finnegan objected 10 a new election.
He wanted right dispensed. If MIR. Plunkett
was elected he should have his seat. II Mr..
Dillon was the member, let US say so.
Mr.. Gallagher wanted 10 extend the olive
branch 10 lis opponents.
MIR. Finnegan objected to ilIe olive branch.
He wanted justice.
long and desullory debate followed,
which we have not time here to insert.
Alter this the Preamble and first resolution
were adopted separately, by ayes and nays,
declaring the election null and void, and or
dering a new advisory election on the Fourth
Tuesday in October, under certain rules
and restrictions. In voting upon the resolu-
tions, the President voted against them,
whereupon
MIR. Gallagher arose and said: MIR. Presi.
dent, l hardly know what 10 think of this
matter. At your instance, sir, this side of
the house had these resolutions offered.
You, yourself proposed them, and now,
when called upon, you deliberately vote
against them, without giving any reason for
Your action. Sir, is this fairY is il honora-
BILE? Is it not going back upon not only
your own word, but also upon us, who ac-
cepted yonr proposition, and in good faith
aced upon it?
Mr.. Bright explained that he had intended
TO vote for the preamble and resolutions as a
whole, but when they were divided he felt nj
liberty to do as lie pleased. He would sill
vote for the last or advisory resolution send
ing the election 10 the people.
Mr. Febiger said that if the other side did
not want 10 have the election held, Tie
majority would proceed to fill the vacancy.
which would >be for the balance Of the
term, not I'LL next erection, as some men,
bers have said.
Mr. Finnegan replied that II hardly looked
well for the gentleman from the Ninth
Ward to speak so. for he did not know
whether lie himself had right to scat, as
as his election was in dispute and yet 10 be
examined.
Mr.. Febiger replied that he had the same
right there as any other member until he |
was declared not entitled, aud would speak |
he thought proper, till theu.
The second resolution givingthe First Ward |
privilege 10 tell Conndl who they ought to
select as its representative, was Adopted
ayes 10, nays 2-Finngan and johnson.
On motion of MIR. Pickles il WINS resolved
hat Council will appoint at its next regular
meeting, officers to conduct the Ward cleo
ion, after which the Court adjourned.