The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1893-07-03

names and the number of their resi- :,
dences at our Office and we will try toI,
supply them. q
Tho Council Contest. n
The organization OF City Council onlf
Saturday night was harmonious, lift
we except the introduction Of the con- |,
test Of Francis Maguigan. OF the,
Third ward. against James nj. Griffin. q
Even on this the only difference offs
opinion seemed to be whether the ac- a
tion OF the contest should commencel
at the organization OF Council or att
The first regular meeting, next Thurs
day night. Unfortunately. as 1t all
ways does In such cases. the notice OF 4
the contest took partisan turn, the ,
Republicans conrending that 1t was
proper to introduce and commence
the contest on the night OF the orgaui-
cation Of Council. while the Demo.
Gratis took the view that no other bust
ness could be done that night except,
the Organization OF Council. There
was probably some show OF reason
on both sides. and II 1t were not made
an entirely partisan question. the Re-
publicans might readily have yielded
their side of the case and consented
to q commencement of the contest
next Thursday.
But in doing this difficulty occurs.
The law very plainly says that a no.
tice Of contest shall be filed with the
Clerk OF Council within thirty days af-
ter the election was held, and as the
election was held on the third day of
june, 1t is very plainly to be seen that
thirty days would have expired before
next Thursday night. and the conten-
tion OF our Democratic friends would
have been that the thirty days having
expired, the Republican contestant
had no right to present a petition Of
contest. The law provides that the
notice OF contest shall be filed with the
Clerk of Council on the day mention
ed, and then 1t further says that Coun-
oil shall proceed to appoint time for
the hearing OF the case. Whether the
law really meant That this fixing of the
time for hearing should be done at
the organization OF Council or at the
next regular meeting OF Council, is a
question. and the question at issue.
As there is nothing in the law that
prohibits any other business than that
pertaining to organization on the first
meeting night OF Council, it is pre-
sumable that other business can be
introduced, not connected with the
regular business of Council. Upon
this view OF the case the Republicans
acted, and the protest read on the l2tl
OF July, set for regular hearing oil
the case. This point, as we have al
ready said, unfortunately was carried
by partisan vote. Z to 6. When the
case Is viewed in Its broad light there
oughtto be no objections advanced to
having the case disposed Of as speedily
as possible. and upon the merits oil
the case. Either Mr.. Maguigan or Mr.
Griffin has been elected to Council
from the Third ward. Mr.. Griffin ha;
the advantage OF having the certificate
OF election from the Board OF Election
Directors, and has already beer
sworn into Office. which gives him {
vote in his own case.
Against all this Mr.. Maguiaan ha
to contend. He has TO show thu
enough illegal votes were cast for MI
Griffin to overcome the small maiorit
of IL, by which he was returned. an
to give him majority over Mr. Griffit
This he does in his petition of contest
showing that at least thirty Illegal
marked ballots were counted for NJ
Giffin and three such ballots WEI
counted for Mr.. MaGuigan, which. wit
one other illegal ballot cast by ma
named MeGinty. gives Mr.. Maguiga
majority over Mr.. Griffin.
Unless Mr.. Griffin can rebut this to
timony with a number OF Illegal
east Republican ballots sufficient |
overcome Mr.. Maguigans claim of
majority, 1t is difficult to see how
can claim right to hold on to b
eeat. This one district In The Thir
ward seems to be the only one
which theso illega! ballots were II
cast out, and it seems that they wei
counted against the protest of Il
Republican Inspector.
There should be no other feeling
Conaeil than to carry out the law, l
matterSYho it may bear upon, wheth
At seats Mr.. Maguigan or seats n
Griffin Personally there are no c
jeetions to MIR. Griffin obtaining
scat by the Repu bliean members
Council. He has been very efficie
and able member for the last t.
years, and Ills retention would be [
kirabe II he was legally elected. L
right Ia right. and the enforcement
right should wrong nobody. This i
principle on which there should be
difference of opinion between Repl
licans and Democrats; and yet iadRi
from the past the indications are Il
whether right or wrong, Repuhlica
and Democrats will vote solidly
their respective sides.
Another thing to be looked at in
contest is that the Republican me
bers are constantly In fear Of injul
lions from the higher courts. II
had taste OF this last week, wher
restraining order was served. T
hibiting Council from proceeding "
the investigation OF charges agal
George Abele. meat inspector, 70
violation of tho duties OF his off
Whereas, had Mr.. Adele been anxi,
10 v,ndicato himself. he should h
demanded an immediate and spe
hearing Should an injunction be iss
TO stop the future hearing beta
Mr., Maguigan and Mr.. Griffin, bel
the day set for the hearing, it will
be surprising to the Republican m
bers They are really between
fires.
II they proceeded to an investga