Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1891-03-10
THE COURTS TO DECIDE.
Proposed New Disposition of
Contested Elections.
GOV. HILLS CONGRATULATIONS.

ALBANY, March 1O.-Governor Hill sent
the following message TO the legislature
last night: 81 congratulate the legislature
that with complete unanimity in the as
sembly, and with but eight dissenting
votes in the senate, it has fifty supple
mented the electoral reform legislation of
last year by taking the initial step toward
submitting to the people constitutional
amendment transferring to the courts a
determination Of contested legislative cleo
tions. In my special message of year
ago, in which | called attention to the
abuses that had followed the exercise of
that privilege so long enjoyed by legisla-
tive bodies to be the judge of the elections,
returns and qualifications Of their own
members, expressed the hope that our
own state might be the first to bring about
this wholesome reform.
A Proud satisfaction.
Although not acted upon at that time,
however, the suggestion, which was re
peated in my annual message of this year,
has now received the warm Endorsement
of the Legislature, and the people whom
of knowing that in the accomplishment of
this much needed and now quite generally
approved constitutional reform their own
state has been the conspicuous leader.
stilI Room for Improvement.
"Fittingly, however, as the submission
Of this proposed constitutional amendment
will If approved, supplement the electoral
legislation of last year. there are certain
toral system still needs strengthening
One additional safeguard | suggested to
your attention in a special message on
April q last, urging an extension Of
the so called corrupt practices act
whereby political committees and agents
should be required to file statements of
their expenditures in the same way that
candidates are now compelled to file them
That suggestion remains Enacted upon.
Another safeguard TO pure elections which
have recommended at various times in
my annual message, and to which | now
wish to give the emphasis Of a special mes
sage is a still further extension of the
corrupt practices act, TO authorize the
bringing Of quo warranto proceedings by
any candidate for the ousting of the sue
cessful candidate if il can be proved
against the latter that either he or his
political agents or committees have re-
sorted to fraud or corruption TO secure his
election, and the giving of the Office to the
defeated candidate, provided it appears
that neither he nor his committees have
used corrupt means to promote his cleo
ton. Such a provision was contained in
the so called LinsoR bill two years ago,
and although the Legislature has neglected
to engraft it upon the statutes there has
not been, so far as ! am aware, any serious
opposition to the principle which il en-
bodies.
Very Successful Abroad.
"The enactment of this or an essentially
similar provision would encourage and put
a premium upon honest candidacy. The
present law, to be sure imposes severe pen
alties for fraud, and DISTINGUISHES for
period Of five years persons convicted Of
bribery, aud this to a certain extent dis
courages corruption, but juries will find a
verdict in a civil action (such as Is pro-
posed) the effect which will GUST a man
from his Office for fraud or corruption
without sending him to prison. where they
would not convict him Of a crime upon the
same evidence. The accomplishment,
therefore, of any practical good from a
fuller description Of criminal offences and
the imposition of severe penalties requires
such encouragement to prosecutions as
would be afforded by the extension of the
law which have urged. This feature of
the English corrupt practices act is regard
ed as having been conspicuously potent in
the purificatson of elections in Great Brit
ain. by recent legislation we have reduced
to a minimum the opportunities for men
to sell their votes, and we have stamped
the laws disapproval upon the improper
expenditure of money by candidates for
office.
It's Defect and shame.
"Shall we not go still further and com
pei the forfeiture Of an Office when the in
cumbent or his political agents can be
proved to have employed illegal means to
secure his election, irrespective OF the size
of his majoritys
"NO greater incentive TO honest elections
could law present than that proof of
bribery should work the forfeiture of Office
The constitution Of the state excludes
bribers from the privilege Of franchise
Shall our laws admit them 20 the right to
hold officer This is the defect and shame
Of our present laws, that while il may be
proved that many of the votes received by
a successful candidate had been purchased,
the election is not void unless the number
of purchased votes equals or exceeds the
candidates plurality over his competitors.
The proposed amendment would but carry
out more closely the spirit of the constitu-
ton, that any corrupt act on the part OF a
candidate or his agents to secure an cleo
ton should disquahfy him from the right
to hold Office, whether or not he has been
convicted Of the otfense in a criminal court
The poor candidate would then be on a
perfect equality with the rich, and the
honest candidate would have his rightful
advantage over his dishonest competitor.
The Election Becomes Void.
"Without discussing what should con
stitute the details of this proposed meas
uRe l submit these suggestions to your
consideration, trusting they may receive
your approval and become part of our
election laws. Under English laws, when
fraud or corruption is proved, the election
becomes void and new writ Of election is
issued, and so the process may go on until
no dishonest practices in any election are
proved Whether that is advisable in this
country, or whether the law should pro
vide in case of proof of fraud or corrup-
ton that Judgment should be rendered in
favor Of the candidate receiving the next
highest number Of votes, and so on, sub
nit to your intelligent deliberation.
DAVID ID. HILL