Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-12-08
AN ELECTION CONTEST.
Joseph E. Martin Contests the Eleo
ton of John r. Dickey.

Any Ascendnncy of the Anti-HiEsins
Faction.
Through his attorney in the matter,
Joseph H. Martin, Republican candidate
for receiver of taxes and country treasurer
filed the statement of n contest mt the pro-
thOnotary's office, last night week, against
the election of John 7. Dickey us receiver
of taxes and county treasurer
The document was left at the prothono-
tarys Office by Mr.. Martins attorney.
Martin li. Burris Of Middlctown, whoit
will be remembered. is chairman of the
republican county committee.
THE STATEMENT IN FULL,
Following is the statement in full:
In the Superior Court, New 1aatle County
Joseph u. Martin W. John II. Dckey, February
term, lSN3-statement
Pursuant TO the provisions Of chapter 80, Vol.
ANll., Laws OF Delaware antltlod .Au act in
relation TO contested elections other than for
members Of tho General Assembly and COVER
nor Joseph T.. Martin files the 10 lowing state
ment in order 10 contest the right of John r.
Dickey, who was declared duly elected to the
Office Of receiver vi taxes and county treasurer
IN and for New Castle county; at the election
held on the S,h day OF November, A. d. 1899.
State Of Delaware, New castle county, 50.
First-l'hat the name Of the person contest
lug the election of the said John Y. Dickoy TO
tho Office Of receiver of taxes md county
treasurer fDl New Castle county i4Joseph h.
Martin, late n candidate for the said Office on
this Republican ticket, and who claims 10 have
been elected To the said office at the election
on the SIN Of November last
nd-'lhat the name u the person whose
rlrht 70 tho said office Is contested is Jocn Il.
DirGsy.
1'hifi-That the office for which this contest
Is made Is the oillco Of receiver OF taxes and
county treasurer for New Ia ,tle county.
Fourth. hat Tho particular causes for this
contest are us follows:
]. For mRlCUndnCt on the part Of the officers
holding the said election in he several cleo
ton districts hereinafter stated in not correctly
counting tho ballots cast In the said several
election districts. this deponont alleging and
believing that ballots sufficient TO have elected
this depOnent were cast for this deponent and
should have been counted for him, but were
counted by the said officers in said districts In
correctly and unlawfully ms having been cast
for the said John 4. Dickey, which said cleo
tinn districts are MS folloHs In Wilmington
hundred, 81 dstric: OF LIST ward; LIST I'd, I'D and
it'll districts OF "a ward; 81, 4th and n dia-
trct5 Of 80 ward; ID, Sd, 18th and 5th districts
Ul iIh ward: I'd and 81 districts Of 9Th ward: 4th
and 9Th districts Of 18th ward: ilh, 18th and It'll
districts OF Sth ward; I'd and 4th distric OF 9th
ward; 81 and 9TH districts 10th ward; LIST dis
trct OF llth ward.
In Chrstana hundred, the district known as
Christiana, highland, Northern election dis
trcts.
=, For mulconduct on the part OF the officers
OF the said election In the several election dis
trints hereinafter stated, in knowingly and
wiltuiiy refusing to receive the votes of divers
electors, then ana there entitled TO vote,
which, said votes, II they Ind heon received,
would have elected this depUne 10 said
orce, which said dstricts arc as follows:
Wilmington hundred, Fourth district, 20 ward;
First and Third districts of 3d ward; Second
district Of ith ward: Second and Fifth districts
Of 18th ward; Third district Of 18TH ward.
In Ghrlstiana hundred, the West election
distrc, In ST. Georges hundred, the First
election district of St Georges, East election
district
4. ON account Of Illegal vOtas having been
east aud counted for the SAID John 4. Dickey
In tho several election districts hereinafter
stated which said Illegal votes were gwen to
the said john Il. Dickuy in the election districts
hereinafter stated, which said votes " taken
from the vote of the said john II. Dckey will
reduce the number of his legal votes below
the number of legal votes given 10 this de-
ponent for the said olIlce-wh h said election
districts are Ms follows: Wilmington hundred
Third Fourth, Fifth districts of Second ward:
Second and Fifth Of Third ward. First, second,
Third, Fourth and Fifth of foutth ward: First,
Second Third ani Fourth of Fifth ward;
Third, Fourth. Fifth 81 sixth ward; Fifth and
seventh q seventh ward; First, Second, lhird,
Fourth Fiith, sixth, seventh OF Eighth ward
E ,r' second r I' Fourth Of Ninth ward
ward: First, OF Eleventh ward; First and
SecOndtf Twelfth ward
In Christiaua hundred, tho west election dis
trlct: ln New Castle hundred, the cast, west
and south districta:
Before mo came personally Joseph r. Mar
tin, the above named cOntcsting party, who
huiIg duly sworn, deposes and says that The
matters and things contained in the above and
tnregu hg statement are true as he verify be-
ltey9s, ana that the said contest is made III
good talih.i JOSEPH Il. MARTIN.
Wttnoss my. hand and Official seal the
thlrtielh dny of November. A. D., 1892.
THOMAS GlFfES, Notary Public
Endorsed; Joseph L. Martin vs.. John T.
Please MI this statement and issue citation
pnrsuantto VOL ANll., chapter IS sec.9,Lawsot
Delaware. MARrIN Il. BuRRIs,
Attorney for Joseph b.. Martin.
10 Peter 4, Hor y, E.qr Protho'tOtary
The law applying in the case is found in
Vol. XVII, CHAP. 80, Laws of Delaware,
passed NJ Dover, in 1888, Of which section
] says:
Any person claiming to be elected to an of
ilco 70 be exercised in and for any county OF
hundred may contest the right OF any person
declared to be duly elected to such office for
any oil the following causes, to wit: First, for
tnalcondurt on the part OF tho officers or
Judges holding the election or any one of them.
second, whom tho person whose right TO the
office Is contested, was not AT the time of tho
election eligible To tho office. Third, when the
person whose right is contested has given To
any rlectur or Inspector, judge or clerk Of the
election, any bride or reward, for the purpose
OF procuring his election. Fourth, on account
OF Illegal votes.
There is provision for the mode of pro-
ccdure and of assessing costs which are
borne by the defeated litigant. The trial
may be n jury one ii either of the interested
parties SO desire and the court approve.
At the order Of the court the bullots in any
Of the disputed polling places must be pro-
%
torney for litigant, Joseph H. Martin, will
ask for writ Of quo warrantO.
SIMPLY POLITICAL MANKUvRINa.
IN speaking upon the matter Thursday
Willard salisbury, Jr., remarked, IF
we have to go into proof us regards this
election we will be able to show that an
| enormous number of illegal votes were
admitted in the precincts where Republi-
can judges and inspectors had the official
majority, and that great many Demo-
cratic legal votes were refused.
The reason that the Democrats have
not gone ahead i'll prosecuting Republi-
can officers Of election, which we could
do in many cases, is because we thought
the election should be ended on election
day, and that the community should not
be stirred up and business disturbed by
| continued series of arrests, which would
only tend to excite people and would
probably result in disagreement of
lnries, But, if the Republicans desire to
continue this thing, we will take a hand.
GALyANIzING THE OLD CARCASS.
81 do not believe the contest is made for
any other purpose than to keep the Re-
publican organization alive and in shape,
through the stirring up of politics, SO
thht they can have some chance of sue
geeding in the city election next June.
The higgins machine has been so com
pletely broken up that if new one should
be organized probably the other faction
oil the Republican party would control il.
"Only by keeping up political excite
ment in SOmesuch manner as this will any
heed be paid the old bosses whose record
| is one of such inglOrious Cefeat ),