Daily Republican., 1880-02-13

The report of Street Committee re-
porting adversely to the petition Of
Mary Stidham allowing her to keep
confectionery stand at Sixth and
Market streets was brought up to be
considered.
Mr.. McGlinohey opposed the grant
ing Of the request because Of the bad
precedent its passage would establish.
The petitioner he thought could rent a
stall or cellar and dispose of merchan-
disc in this way.
Mr.. Paynter favored the granting Of
the petition on the ground that those
who were pushing this war against
these people who. dispose of goods from
booths had more display on the outside
than they made on the inside Of the
store, and as matter of equity and
Justice he didn't think the poor peo-
pie should b. made the victims of a
persecution like this. The petitioner
has a cellar and pays rent and is as
much entitled to favor as are the store
keepers.
Mr.. Carmichael spoke in favor Of the
petition; and thought the request
should be granted as matter of chari-
ty.
Mr.. McGlinohey didn't think council
was a place to dispense charity. He
was as poor as any man he said, but he
was opposed to class legislation.
Mr.. Blake held the same opinion as
that advanced by Mr.. MoGlinohey; but
Mr.. McMena amin thought it was wrong
for council to restrict the privileges OF
this lady and let those escape who are
violating the law every day on Mar
ket and King streets.
Mr.. Chandler was in favor of grant.
ing the petition. If council erred,
thought he, it should be on the side OF
charity.
After further discussion the ayes and
nays were called as follows:
Ayes-Allen, Abele, Barnhill, Chan
dler, Carmichael, Hanna, Mentor, Payn-
ter, Rodney, Col. Taylor and Wood.
Noes-Messrs. Blake, Downing, Nc
Glinchey, McMenamin, Smith, Town.
send and President Sharpley.
DAILY REPUBLICAN, AND THE CITY COUNCIL.
Col. Taylor arose to question Of
privilege, and asked that the Clerk
read an editorial in the DAILY REPUBLT-
CAN of Tuesday, February 10th, emit.
tied "Council and Illegal Elections.
This the clerk proceeded to do. After
the reading was over, Mr.. Taylor said ::
"There is a great deal said in that edi-
torial about there being no warrant
given by City Charter, nor no other
law, to City Council to elect member
to this body, except under certain con-
tingencies, as Mr.. Allen was elected.
don't suppose the gentleman who
wrote the editorial endeavored to create
the impression that the members of
Council violated their obligation by
sleoting MIR. Allen. Heluoted the ease
of Dillon VS.. Plunkett, and illustrated by
it an instance where Republicans cared
not to fill q vacancy in violation Of the
ordinance. The cases are different. One
is whore there was glaring irregulari-
ties in the conduct of the election, and
the other is where two members are re-.
turned as receiving an equal number
of votes. Therefore the cases are not
parallel.
At that time city charter did not
provide for the filing Of places where
votes are thrown out. After the COM
mittse of this council had reported to
this body that Mr.. Allen and Mr.. Cav
throp were represented as resolving
an equal vote, was governed then by
this section holding copy of revised
statutes in his hand. If the editor of
of the Republican" will look at Sec
ton 4, Chapter 446, Volume Is, Del
aware Laws he will read the follow
ing:
"The City Council at their next meeting
after an election as ioresaid, shall examine
the returns thereof and proclaim the persons
elected. If there be no choice for Mayor,
CITY Treasurer, President Of City Council, or
for q member or members Of Council in any
Of the Wards, by reason Of two candidates
having an equal and the highest number CT
votes for either OF said offices the City COun-
Gil shall proceed to elect one of said candl-
dates to such office for which he is a candi-
date"
This was passed at Dover March 5,
1877, as an amendment to Section q of
the City Charter. 30 you see was
right and would volunteer the same
advice to the editor of the REPUBLICAN
that he gave to us-be not hasty; di-
gest the law well--if there is not
a legal editor already on the paper
and consult some one who is versed
in the meaning Of the law. He has