The daily gazette., 1879-10-07
FIRST EDITION
Il Contest In Council.


NO RIGHT TO BE REPRESENTED BY
| COUNSEL, AUTHORIZES THE PREsI-
DENT AND CLERK TO SEND FOR PAR
TIES AND PAPERS AND ADJ0URNs
| TO FRIDAY NIGHT.
The Council chamber was crowded
last night wi h p rsons eager to witness
the election contest of ex-cOuncilmsn
Evans for the seat of James Carmichael,
for the hearing of which Council met in
adjourned session. Nearly every one
appeared to be in expectation Of lively
time between l. adeis of the two pal ties.
The audience was about evenly divided
between the democrats and republicans.
| The bail vas opened by Mr.. Rodney,
as soon as Cler< Frazer had called the
roll. He CONNIE, ctyi in an eloquent
strain and only a few in the room sur
missed what he was driving at until lie
had been sp. aking for some tine. The
idea held out by Mr.. Rodney In his re-
marks, which though extended We're
patriotic, was that the main audience
room on the floor below the Council
chamber was the place in which the con-
test should be held. Said he in the COLI
clusion, after reading that part of the
| city of Wilmington which says that all
such contests shall be held in the City
Hall: Snow sir, when this charter was
passed this room was too small for the
purpose OF holding an election contest
and the room below was indicated. l
hold that to interpret the law literally,
that is the place where The contest should
be held and therefore move we hold it
there"
This called forth decided opposition.
| Mr.. X. IL. Taylor could see no necessity
for the motion. The Council chamber
was certainly included by the words
"City Hail." as used in the city charter.
Mr.. MEG inchey held that it was hair
splitting technically, and precedent
had been formed by tie hold ng of all
previous contests in the Council cham
Der. Mr.. Rodney maintained that the
provision had been made in the charter
in order that the hearing Of such cases
might be more public, and hence was in
favor of the mot on. Mr.. Paynter had
been in Council for thrty-five years and
had never before heard of the like. He
had seen a number of contes s and all
had been held in the Council chamber.
The motion was lost by strict party
vote, the President being excused.
| Mr.. Chandler now moved that the pc
tition OF Mr.. Evans, stating his grounds
for contesting, etc., be read.
The motion was adopted.
| Wien the list OF names, declared to
| have been those of illegal voters was
reached, Mr.. Paynter bad the names read
and, after that, the charge or charges
brought against each of them.
1t was o'clock by the time all this
was done. The next phase was re,O-
luton offered by MIR. Rodney to the eff
feet that Mr.. Evans and his counsel be
| admitted TO the floor of the Council
| c. amber to endeavor to sustain the truth
Of the allegations made in the petition
just read.
Mr.. Merris Taylor promptly objected
| to this, saying that Mr.. Eeaps heing an
ex-mem Der OF Council, of course had a
right to the floor. He moyed to amend
the resolution by emitting the words
| 'tand his counsel"
Mr.. Rodney then took the floor and
read from manuscript somewhat
| lengthy address upon the case in point.
| de commenced by saying that City
| Council, in such case as this We're
granted power by au act OF the General
| Assembly to exercise judicial and Eot
| legislative power. Gan excerpt from the
city charter was here read upon the
functions OF Council in cases of con-
tested electlon) Council, he argued is by
law cothed with judicial functiors ami
| Its decision therefore is final. Hence,
counsel should be admitted for both par.
Ties, in this case, to argue and conduct
the matter upon law. The right to be
represented by counsel was never de-
MED in any court or to any citizen OF
| this s ate, 1t l. all anchi. mt right,-as
old as law itself (iSumerous opinions of
English law givers were cited) He ar
gued that, not only was his point sus-
tained by those authorities, but that the
right to be represented by counsel was
one secured by the constitution of the
United States and by the laws of Della
ware. 1t was one of the fundamental
principles of law and a thing inherent
in the administration of justice. 1t was
the duty of counsel, not only to aid and
defend his client, but to assist the court.
We In this case as well as in any other
case any where arc entitled to counsel,
50 that In judging it We will only be call
ed upon to hear the testimony and take
no part in the exami nation. What MEM
ber of Council would take case of his
own into court without counsel and de-
feni him-elf. Such person would be a
fool. But what il the court should re-
fuse that person right to be represented
by counsel and, in his defence, throw
him upon his own individual resources?
Such a Judge would be inpeached. We,
in this case, are really higher than the
court usually il, and l ask you tonight
to disobey the dictates Of party caucus
and not to do this dlshonorable thing.
J MIR, Rodney went on in this strain with
great length and profundity. aud closed
by saving that he had heard 1t rumored
that caucuses had been held in order to
do all that could be done TO prevent
Mr. Evans from securing his seat. He
hoped it was untrue.
Mr.. Merrls Taylor responded saying
that Notwithstanding the elaborate, anu
somewhat impudent argument OF the
gentlemen from the Seventh Ward, he
Still held that it would be unwlse to al
low counsel to conduct Mr.. Evans case
upon the floor of the Council chambe r.
Gases IN court and in Council were diff
ferent. In the former the burden of ex~
pense was ON the individual; here it
would be upon the people. Mr.. Taylor
then cited the contest some years ago OF
w. w. Simmons vs. Taylor Gill that
came up in Council from the Eighth
Ward. At that time Mr. Gill asked for
COUNSEL and was refused. Several gem
tlemen on the other side opposed 1t and
voted it down, and among them was
Mr.. Henry Evans, the gentleman who
was now asking for what he had refused
Mr.. GIL at that time.
Mr., Rodney held that the case of Sim
mons u.s. Gill was different from the one
now being considered. That, was plain
s1mple case and one easy to try. But II