Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1890-04-14

BY the vote Of the Fame Hos,
Company. they should hear oil ths
evidence that may be rendered Of ths
truth or fals1y Of the isots stated In thai
return; and that the presence on such
return Of the compsny's seal, nor the
certificate of the rsturn, nor both takon
together. ought Or should operate - q
bar against such inquiry.
I'll the Council shall ind the allega.
tions OF fraud not to be sustained. then
the Fame Hose COmpany's vote should
DO counted, under the ordnance, accord
Ing to tho majority ON the face Of the
return. II the Council shall find the
allegation Of fraud to be sustained BY
evidence In that behalf. chen under their
official oaths they arc bound to throw out
that return and, having done this. the
vote OF the Fame Hose Company cannot
be counted at all, for there WIN then BE-
no return. In the latter event there will
10 NO election. and It will bs tho duty Of
tho Council ut the next stated meeting to
proceed to elect from among the caudi-
dates voted for on April z for the several
Offices respectively, persons to fill each
OF the respective Offices Tor the ensuing
term.
at ID hardly necessary for me to say
to you that in NO event can the vote Of
the Fame Hose Company be counted for
Robinson, Kane and Green, sincs there
10 no return from, the judges OF said conn.,
pany showing majorisies for them. If
eouuted at all It must be countsd for
Cloud, Peeky aud Dickinson.
I'm conclusion. let me say 70 you,
gentlemen of the Council, that this opin-
lon embod.es the law on this subject, -
| understand It, and until the courts
having proper Jurisdiction OF this subject
shall. reverse 1t, II 10 the duly Of the
Council to respect the law, - laid down
BY the legal adviser OF your honorable
body, whose office is not created By
yourselves, but by the General Assembly
Of the State OF Delaware.
II believe that ! have said all that 10
necessary In this matter. have given
You the law and 1t is now your business
to deal with the facts, begging you to
recollect that you must mako what in
vestigation you may deem proper a. to
the truth or fallacy of that return before
the uext stated meeting of the Council;
and that this investigation must be made
by the whole Council, % this duty can
not DO relegatcd to auy Of the Council
committees.
l am, gentlemen, with great respect,
your most obedient servant,
"HENRy G. TURNER,
"City Solicitor
Mr.. Baugh then offered the tollowin e
resolution which was adopted:
"Resolved, That when this Council ad.
journs 1t be to mot on Monday, April IA
1t o'c ock p. m, and all parties having
any evidence to submit to this body,
showing the truth Of the allegations OF
fraud IN the returns of the Fame Hose
Company, ne we'll ss partie, having any
evidence to submit, showing such allega-
tions Of fraud to be untrue, be and they
arc hereby requested to be present at the
said session OF the Council on Mondsy
evening next, and that the piesiden: OF
the Fame Hose Company be and 10 here
by requested to furnish forthwith to City
Council any documentary evidence that
may be In possession of said company or
its officers, Tearing npon the truth or fal.
sity OF such return. protest or allegations
Of fraud, and be 1t further
Resolved, That the clerk Of council
be instructed to send copies OF this Ieso-
luton to the president Of tho Fame Hose
Company and to the protesting parties. +"
In accordance with the above res0lu-
tion Council will meet tonight aud every
night until the matter 10 decided.