Evening journal., 1893-01-31

RECORDS. senator fllllnB appeared later
in the day but not in time TO save the
session.
There were sixteen members Of the
House present at roll call at 2 o'clock
yesterday afternoon, and business pro
ceeded with the usual dispatch under
the management Of Speaker Whiteman
Hard Lines for Joe Martin.
Representative Spruance has in hand
bomb which he will explode under Joe
Martins feet TO day 1t is an act to
amend chapter xxxiii, volume II, Laws
of Delaware, relating to contests of
election.
At the present time Mr.. Martin has
pending in the Superior Court of New
Castle county contest TO r-lieve Re
ce yer of Taxes and County Treasurer
John T. Dickey of the duties of his
Office The Republican candidate charges
fraud and will try to oust his opponent,
who was el. cted by a small majority.
He will make a strong fight to upset the
public will, but just how far he will dare
TO 60 is not known.
The bill which Mr.. Spruance will in
troduce will make him show his hand in
ten days from the time Of the passage Of
the measure II is as follows:
An act to amend chapter xxxiii, volume
| II, Laws Of Delaware
Be It enacted by the Senate and
House of Representatives of the State of
De aware, in General Assembly met.
Section 1. That chapter xxxiii, volume
II, Laws Of Delaware be- and the same is
hereby amended as follows:
Strike out Section 3 of said act.
Amend Section z Of said act by strik
ing out all after the word same in the
sixth line thereof the following. 'And
at best 81 xty days before the first day of
the term Of court az which said contest
shall be tried or called for trial, file with
the prothonotary of the Superior Court of
the state in and for the county in which
said contest is made, full particular and
explicit statement, setting forth fully
and specifically the names Of any and all
officers and judges upon the NAL con.
duct of whom he will rely and respecting
which he intends to procure evidence, and
setting forth the precincts or election
districts Of such officers and the parti.
oular malconduct OF each respectively,
the names and residences of the witnesses
and the substance of their testimony by
whom he expects TO prove such NAL con.
duct; and If such contest shall be based
upon the second ground as set forth in
Section I. such statement shall spec6
eally, fully and explicitly state the
grounds and causes Of the in
eligibility of the person whose
right to the Office is contested
and when such contest shall be made for
causes. comprised within the third itom
of said Section I. the said statement
shall explicitly, fully and clearly state
the name of any elector, inspector, judge,
clerk or other person to whom any bribe
OF reward shall have been offered and the
time place and amount of such bnbe or
reward and the name and residence Of
the witness by whom the contestant ex
poets to prove the offering Of any bribe
or reward with a brief statement Of their
testimony. and when the ground Of the
contest shall be on the ground of illegal
votes, such statement shall specifically,
fully aud rXplicitally set forth the names,
residences and respective causes of dis
qualification of each person alleged TO
have illegally voted, the polls at which
such illegal vote has been received, the
names Of the elections officers favoring
the acceptance of such vote whether such
vote was challenged by the duly accred
tied challenger of tho party of which
AAN ANANNHNAnN was AMN NAuAANhN6 anu
whether all the judges or inspectors
present at such polls, concurred in
accepting and receiving such vote, and
If 1t shall appear that all the judges OF
inspectors concurred in accepting OF
receiving such vote or that the right OF
the voters respectively TO deposit such
votes, was not at the time challenged by
the duly accredited challenger of the
party Of which the contestant was a
candidate the legality or illegality OF
such vote shall not be brought into
question in any such contest, and the
said statement shall further set forth the
names and residences of the witnesses
who shall be produced on behalf Of the
contestant 10 prove such illegal votes and
the substance of the testimony TO be
given by EACH and at the trial of any
contest, cause or proceeding TO be insti.
tuted or continued, or which has been
instituted or will be continued under the
provisions Of this act or Of the act Ia
which this act is an amendment,
the contestant or plaintiff shall
be limited in his proof and in the
admission of evidence, 10 the witnesses
named in said statement and the wit.
ness shall be limited in their testimony
TO the facts set forth in the statement
filed and delivered as aforesaid, swith re
spect 20 which it shall be therein alleged
that they will be expected to testify
said statement shall be verified by the
oath Of the contestant that the matters
therein set forth are, so far as they re-
late to his own act and deed, true, and
that what relate 10 the act and deed OF
any other person he believes TO be true.
Section 2-Strike out Sections and
s and amend Section thereof by strlk
ing out all after the word docket" in the
third line aud before the word "of' in the
tenth line thereof. and inserting in lieu
thereof the following:
And Immediately issue a citation fol
the person whose right to the Office is con
tested to appear on the fourth day Of the
second term of the said court to make sucl
defense as he may have in said case
Which citation shall be delivered to the
sheriff. or, if he be a party to the con
test, 70 the coroner.
Section 3-Amend Section 10 by strik
ing out all after the word applicable
IN line eight thereof.
Section Amend Section Is by strilS
ing out all between the word election