Daily Republican., 1879-10-09
To-DAY'S CONTEST,

premiums after the races have been
trotted.
stand by the Law.
From the Morning Herald Oct. 9.
A body of men we'll informed abou,
general affairs as the members Of City
Council, are entitled to have their de.
cisions looked up to with respect. They
are, however, upon special subjects az
likely to 80 wrong as any other body o.
men, or any given person. The refus.
al of City Council by party vote on
Monday night, to permit Mr.. Evans q
have counsel to present and advocate his
cause, is a clear evasion of the organic
law of the State. -.
We present to the majority of Coun-
Gil calm, dispassionate statement OF
the law of the case.
In the first place, Council for the
purpose Of the contest in the 5th ward,
is a court. A court is defined by
Wharton, and every other writer upon
Jurisprudence, to be "a place where
Justice is administered"
Upon City Council, by the law of the
State, is cast the duty, functions, and
power OF a court-yes, even court of
last resort, in contests for seats there
in. In the election contest, before it.,
there are every incident Of legal trial
"a complainant Evans--a respondent,
Carmichael, a tribunal;-the body of
the Council, with functions Of inquiry
as to the right OF the case, and power to
determine the cause.
Ifit be "a court, then its practice
must be analogous to the State. Sec
ticn 3, Art. l. of the Constitution of the
State, says:-'Every man for an injury
done him in his reputation, person,
movable or immovable possessions,
shall have remedy by due course Of
law, and justice administered according
to the very right of the cause, and the
law of the land"
Section 2, Art. W., by its concluding
sentence, vests the power in the Legisla-
ture to create the Council of the city of
Wilmington court with special but
limited jurisdiction.
Will any member of City Council,
upon reflection, say that the Council,
on Monday night was not courtl We
think not.
Ifa court, how can its members,
while denying to Mr.. Evans, a plaintiff
therein the customary right of being
heard by counsel-say that he was al
lowed a trial by due course of law ac-
cording to established, nay universal
legal precedents; and as he is entitled
by the constitution of the State.
The illegality and despotic insolence
of the Republican party in the Council
of Wilmington, in denying to democra-
tic contestants their clear right in a
case to be heard by counsel, Is a prece-
dent not to be foil owed. Mr.. Evans was
clearly "cheeky," to use an expressive
term to ask rule, he helped make in
a former case, to be rescinded for his
benefit. But this factious course is not
an element in his case. Are we to
forget that we denounced the act as one
of "high handed illegality, THAT would
work ruin to its advocates:-and it
did bring about their ruin. For one
fellow Democrats, reflect how
frightfully inconsistent it is to practice
the wrong-doing we denounced-and
to accept the illegal action We censured
as our rule of conduct, when We have
the power to do right.
1t is mistake injected into the ar
gument, that it would cost $4,000 for
counsel fees and expenses to the city,
if counsel were admitted. The city, by
no possibility could he made liable for
one dollar-Mr. Carmichael, the re-
spondent, would be obliged to retain
counsel, and not the city Of Whining
ton.
Members of Council, the Office of
Judges delegated to you is splendid
gem; shall you mutilate it, mar, it or
darken it? Think of its cast! Centu-
ries of patient self-denial; courageous
assertion of rights by armed citizens;
the blood of myriads in Europe, and
here; was the price paid for the right
you men have cast upon you, to judge
and decide among claimants for the
office of councilman
If plain old-fashioned justice is not
done in this contest, we painfully
that you, friends, will rue it.
Give full fair hearing, with the
broadest latitude within the law, and
he averments of the petition, and de-
eide fearlessly according to the rights
of the case-and you will do more to
solidify the Democratic majority than
can be accomplished by curtailment
of any rights which may, by the Gus.
tom or law, be claimed for any Of
the parties in the contest. Stand by
the law of the land. and you need fear
no danger.