Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1890-04-14
FIRENEN'S MUDnLE.
THE FAME NOSE ELECTION
TO BE INVESTIGATED.
Ci'y solicitor farmer Decides In Favor
Of Going Deliind the Rsturns-The
City Council to Investigate
and WIN Commence
Their Labor To-
Night
Night.

Another large crowd Of Hrsmen was
present at the adjourned meeting of
Council on Saturday evening to lee what
was to be done towards settline the var.
cd question Of the election Of tue Fire
Department officers.
A. the Fire Committee and the Com
mittee on Law were holding . meeting
at which the City Solicitor was pre, {
10 the Mayors office, II was $50 O'Clock
when Council wss raped to order. All
the membors answered to their names
excspt Mr.. Mccall, who Was uuavoid-
ably detained.
After tho object Of the meeting was
stated By President Farra, Mr.. Forrest
presented the following report, which was
''Tc the President and Members Of Couu.
ell.
"GENTLEMEs: Tour committees on
law and fire compauies, to whom we're
| referred the returus and protests of the
election for officers OF the Fire Depart-
mont, respectfully report that they have
no jurisdiction to luQuire into the matter.
and herewith trsusmit to Council all the
papers In the case, together with the
opinion Of the city solicitor. TLis ID in ac-
cordance with the law, which says that
Council shall examine the returns Of the
election"
The opinion Of the city solicitor was
| then read.
Alter quoting tho provisions Of the
ordinance aud review Of the case the
opinion says:
CIT is under this section that elections
for ofilcars OF the Fire Department are
held, and uron . proper construction of
this section will 10 found the solution Of
the present difficulty. You will perceive
that the section says. among other
thiDgs, that tho Judge, OF the election
shall doliver to the clerk OF the Council.
| on or before the frat stated meeting
thereafter, . certificate under ssal OF the
company, setting forth tho highest
number Of votes cast for ono person tor
chief engineer, aud two persons for
assistant engineers, no two oil whom
shall be msmbers OF the same company.
That undoubtedly has been done In the
case Of the present return OF tho Fame
Hose Company. As 1 have observed be-
fore, that return 10 substantially correct
as to form. Section 3 OF the ordinance
further says: when ths Council shall
examine returns - sst forth, counting
each company 40 one vote. and give o
certificate Of election to the persons re.
ceiytDg MAJORITY
'The law which have quoted to you
pre-supposes an honest ballot, a fair
| count and true return. A return which
% false In point Of tact, althnnsh IL may
be correct In form, 10 not such . roturn
40 was contemplated BY the trainers Of
the ordinance. nor can tho seal Of any
| company, nor tie certificate Of either
sworn or unsworn election officers make
II such. There 10 no such magic In the
official seal Of any company that the
mere Rfhxing Of II to an election return
shell preclude inquiry when fraud 10
alleged; and the same remark 10 equally
| true Of the cert ticates OF the judges OF
election. Tue of1eial seal Of Q company
Is placed upon an election return for the
purpose OF giving assurance that the per-
sous making he csrulicstes to the returns
! were the persons duly authorized to hold
the election and to make such return.
That 10 the reason that the ordinance
provides that the judges making the cer-
tiflcates shall make it under the COM
pany's seal. They certainly never in
tended that the seal of the company
should be thrown on the face OF false
election return and used us q shield to
preclude any inquiry by the Council into
the bonafdes OF tho returns.
"To hold any such doctrine as that the
seal Of q company or the certificates of
unsworn Judges, or both together, must
be taken as absolutely conclusive of the
truth Of an election return, would be
highly dangerous and sure to open tbs
way to the grossest frauds. 1t would
place the Affairs Of whole company, in
matter which 10 of vital interest, iu tho
hands Of three or four men, who might
couspiro together to defeat the will OF
majority, aud leave them no remedy, sx-
cept such as might DO procured through
expensive legislation IN the courts. " Is
mandatory on the Council to examine
the returns submitted to 1t as set forth,
but the words "As set forth" must be
taken to have reference not only to the
form Of the return but also to the truth
of the return. And the Council 10 rot
only bound to look at the form, but is
also bound and Obliged, where allega-
tions Of fraud are made, which would
entirely yillate . return, to stop and In
qulre. The meaus Of inquiry in the
hands OF Council are. It IL true, limited.
1t has no power of compulsory process
for the attendance OF witnesses, but
such witnesses may come Voluntarily
before the Council. Aud ii w.tbessss in
support OF the correctness OF the return,
or in support Of the sllegs stlons OF fraud
III
rily before the Council. they should be
beard, and the Courcil should give to
any persons who may be petitioners In
case similar to this tbs fullest, amplest
aud freest opportunity to be heard. and
TO submit their evidence, giving to the
other side an equal opportunity.
NOW l have now here said, DOR have l
interded to say, that the return oil the
Fame Hose Company, now unles col-
sideraiiop, 10 fraudulent. That is not my
provinces, but is tho province o. the Coun.
cii. Pr:ma facie, the return OF tn, Fame
Hose Company 10 to be taken as correct,
ard this presumption lasts until It be
proven otherwise; but II 1t eau be shown
to be fraudulent, then tho persons ODER
Ing to show the fraud must be permitted
| to lo so.
Willie expressing no opinion as to
whether that return bs true or false, yet
l am bound to say that II tie siies atoms
q fraud made agsinst this return shall
DO proven TO- the satisfaction OF the
council .hen this return is 10. suc5 a
rsIrn as was ccntsmplat.d Gy iha law
anu tieuld not 10 counted. You nut
| remsaIer, Gentlenen OF the Council,
| va, the oilcers ol ihe Fire Department
OF ms city srs sworn public of era, aud
arc paiu Out ci the receipt frln pub ie
,Axston, aud that they are en r .y with
| III tue 1risd cs!on OF tho ,5u.!0a, hey
| are hot Inc direct creation ~, fi .et
htciheiy. but are orsai.,i BY. IL Conn
cu, uni nier powers Goa eir- II il 4 by
.ns CITY ehnr.cr. IL hot my . rig. {,
| ou' tee duty OF the Council 10 .e Tat
~ puoiic ollcials within lis ju'isdic-