The Wilmington daily Republican., 1891-06-09
fourth EDITION
THE OFFICIAL VOTE.

II
The Department Of Elections Meet az
Board OF Canvassers Of Last satur-
days Vote.
The vote cast last Saturday was can
yassed yesterday, by the Department
OF Elections.
The members present were Andrew
g. Wilson and Alexander ]. Hart. John
Z. Mel ear was present, representing
George s. Capelle. The other persons
present were: Chauncey p. Holcomb,
secretary OF the department.; John
Boughman and Walter Il. Butler, can
vassing clerks.
The canvass was commenced at 1880
O'Clock, and the returns from each
district were thoroughly canvassed,
and transcribed by the clerks to tally
sheets, containing the names of the
candidates. In going over the returns
from the Ninth ward slight dlsorepen-
cies were discovered In the First, Third
and Fourth districts. The total returns
candidate for Council, had been elect
ed by four votes.
The canvass showed that six tickets
had been voted for John Kirby, and
counted for John w. Kirby.
This discovery raised the question OF
the identity OF John and John W. Kir-
by, also the correctness OF the return
In which the votes were given to John
W. Kirby. The questions were new
ones and before deciding them 1t was
decided to have legal advice. Charles
M. Curtis and Willard salisbury were
sent for and the question submitted to
them.
Messrs Curtis and Salisbury declln-
ed to give an opinion and advised that
Kirby and Elliott the competing can
didates DO sent for, and notified to ap-
pear with counsel before the Depart
ment OF Elections. This advice was
accepted, aud the board adjourned
until 7.80 o'clock last evening.
The tickets counted for John w. Kir-
by by the election officers were RepuL-
lican tickets with Willard Springer's
name printed as that of the can
didate for mayor, and John j by
printed as the name OF the candidate
for City Council. The error had been
made In preparing split tickets for
Dr. Springer's benefit.
When the session convened In tho
evening George S. Capelle, the Repub-
lican member, was also present. John
L. Elliott appeared without counsel
but John W. Kirby was represented by
President Wilson stated The case to
the members. and said that 1t seemed
to be one OF confusion of names and
involved the right of the election off,
GERS to give the votes cast for John
Kirby to John w. Kirby. 1t also in
volved the power of the Department
of Elections to revise the returns. as
in this case the returns showed the
election of John W. Kirby.
Walter H. Hayes said that he was
prepared to produce testimony to show
that the only residents OF the ward
named Kirby are John Wand his son
Charl, s II. Kirby. He also cited decis.
ions of severa. courts to show that the
middle letters of names have been de-
clared not to be O part OF tho name in
legal sense. In his opinion the
question devolved upon the intent of
the voters casting the ballots, and this
Intent he thought was In favor ofJohn
W. Kirby.
John L. Elliott said that according
to these returns he was elected by two
majority, and II this is true he wanted
the certificate.
Votes cast for John Kirby were not
votes for John W. Kirby, and he did
not recognize the right of the Depart
ment of Elections to decide otherwise.
The members OF the department
then consulted, and after re examina.
tlOn of the returns from theNinth ward
President Wilson announced that they
had decided to give the certificate of
election to John W. Kirby, and let the
contest, IL there is contest over the
matter, go to City Council, where IL
belongs,
Certificates were then made out for
the officers elected, and the board ad-
| journed
In making the canvass 1t was found
that one vote had been cnst for DR..
james A. Draper and one for Samuel
FL. Baynard for Mayor. There was
also one vote cast for DIR. E. G.. Short
lldge, and twelve scattering votes for
| Councilman.