Daily Republican., 1880-02-10
City GounciI and illegal Elections.


the votes were counted it was foun
that each Of them had 305 votes, an
Consequently there was no election b.
the people, even allowing to Mr.. Allel
some twenty votes cast by rspeaters
and some fifty more cast by persons VIII
had been returned as errors to the las
Levy Court, but having been furnishet
with genuine tax receipts voted for Mr.
Allen. 1t will be further remembers,
that the tie vote being reported t,
Council, showing that no person hac
been elected to the one year term, Coun
Gil itself then elected Mr.. Allen to III,
position he sought. 1t has been Bait
not only by Mr.. Allen, but by thos,
who elected him that no mattsr hon
illegal the ward election was on aceoun
OF fraudulent votes having been cast
the action Of Council subsequently in
eleeting him made him legal member
as much so as those who had been re-.
turned by large majorities oflsgal votes
We have only to say that the claim
that Mr.. Aliens election was legal
because the City Council did that which
the voters of the Fifth Ward failed TO
do, is not well founded, and there is
no warrant for such action found in the
City ordinances by which the Council
processes to be governed, and for the
information Of Mr.. Allen and the City
Council we will quote the Section of the
City charter governing such cases as
follows:
SECTION lin case of the death, re-
moVal from the city, resignation Or
refusal to act, of any elective officer of
said city, or in case any person elected
or appointed, or elected to any office in
the city of Wilmington shall be ineligi.
ble to the same, or shall fail to give
bond for the faithful performance of the
duties Of such Office when such bond is
required by law, before the time fixed
for entering upon the duties of his
office, such Office shall be thereupon
vacant, and the City Council shall make
temporary appointments to supply such
vacancy, until the same can ps filed
by election under the provisions of this
chapter"
Now then, how does this section
'over the casesof Mr.. Allen Was there
vacancy in the Fifth Ward such as
vas contemplated by the section above
luoted' The first TIVE lines of the
'ection says distinctly: Tn case OF
isath, removal from%~the city, resigna-
ion or refusal t. act, &C." Did any
'ody die that created the vacancy in
he City Council to which Mr.. Allen
vas elected ? Did any councilman re-
nsVe FROM the city that created
he vacancy None that we ever
leard of. Was there a resignation
+ any person None whatever. Did
ny one elected refuse to acti None. &
hen where was the vacancy for the
ity Council to fill Search the CITY
harter through and through and not a /
ne can be found giving any warrant G
hatever to the City Council to fill t
ny vacancy whatever except such 6
acancy was made by "death, removal O
ON the city, resignation or refusal to ,
It,"
Vacancies in Council like that which [
r. Allen has illegally filled since the E
st city election have occurred before,
ut the present is he.only case wherein =
City Council has filed such vacancy L
violation Of the letter and spirit of C
q city charter. There are many OIL
If readers who will yet rtcollect II
8 contest between Philip Plunkett a
ainst Patrick Dillon for q sat in Il
'uncil from the First Ward, jlst be- !, j.
re- the Tenth Ward was formed ont of Il
part OF the First. Glaring irregulari- b
IS Wers proved in that election and II
ID Mr.. Dillon though returned We =,
ink by majority of seven, was de- h
Ired not to be elected, thus leaving a d
cancy from that Ward in that City
uncil which was rot filed during
whole year. Here was vacancy a,
sde which was not provided for in W
. section quoted, and the City Coun- r
, at that time Republican, refused to r
the vacancy, simply because they az
ID no right to do so. The vacant h
at in Council just referred to and the ID
at in Council now from tho Fifth ~
ard filled by Mr. Allen which should Il
vacant, are exactly similar. We,do bl
t suppose that any thing We eau say
uId induce Mr.. Allen to give up his 90
It in Council, nor have ws any de-.
9 that he should do so, for whsther
or in Council, it makes no differ - -
ce, and so long as there has to be Sc
mocratic Council Mr.. Allen might &C
well make one Of that body u
some other Democrat who perhaps cI
ght be more Objectionable, but there re
right and a wrong way Of doing gi
ngs, and the right way should al vi
ys be chosen. The action of the two ~ E.,
rites in the case. referred to, reflec,