Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1894-12-20
THE CASE TO Be ARGUED JANUARY Sd

Hudson Declared tn he Not n Freeholder
1.-The inspectors Tell why They Gave a
Certificate to Farley and Say They Cam
not Sow Give One to HudsOn--Tho
Democratic Inspectors Answer Filed
by John #. Callahau--W What the Repub-
Iicans Say.
John +. Callahan, secretary OF the
Democratic county executive commit
tee, filed last Monday in the prothono-
tary's Office, at the Court House, the
answer OF the Democratic inspectors to
the petition of Charles II. Hudson, Re-
publican candidate for assessor In the
Second Assessment district of Whining
ton, for a peremptory writ OF mahda-
mus compelling the inspectors OF cleo
ton in that district to reasonable az the
City Hall, in this city, and canvass the
election returns and declare the candi-
date receiving the highest number OF
votes elected. It will be remembered
that the candidates for assessor in the
| Third district were Charles ii. Hudson,
Republican, and James +. Farley, Demo-
crat. Hudson received majority of the
votes, but owing to the fact that two
| inspectors failed to comply with the law
and appear at the City Hall where the
returns were being canvassed, the other
| Inspectors gave certificate of election to
Farley, who was elected by the returns
at hand.
The petition of Charles H. Hudson
was presented to the judges OF the
superior court at the November term
and court fixed Monday as the time for
the defendants to file their answer with
the prothouotary, which they did
through Mr.. Callahan. The case will
come up for argument on January I'd.
The answer is as follows:
That the said defendants know nothing
of what is alleged in paragraph one OF the
petition filed i'll the above entitled cause,
except that they are informed and believe
and therefore, further aver, that the pc
ttioner, Charles IL. Hudson, is not u free
holder within Wilmington hundred.
That said defendants believe to be true
what is alleged in paragraphs two and
three of said petition.
That the said defendants deny that the
inspectors selected and appointed for each
election district in the month of August
last past, did and performed all and every
the acts. duties, matters and things re-
quired to be done and performed by them
for the purpose of holding the general
election held on the sixth day of Novem-
Der last past. as in said paragraph OF SAID
petition set forth.
That the said defendants believe to be
true what is alleged in the first, second
and fifth paragraphs of said petition, as to
the division by the said Department of
Elections of the ward stated in the election
districts us stated. but deny that the in
spectors of election for the respective cleo
ton districts were appointed and qualified
us stated in the said petition.
That the said defendants deny that any
J certificates of the result in the respective
election districts composing the Second
Assessment district OF Wilmington hun
rAl a 80 nd
or are matters of record in the office of the
clerk of the peace of New Castle county,
as alleged in the sixth paragraph of the
said petition, of which said petition claims
copies are annexed as exhibits.
And further, answering the matters
alleged in paragraph six OF said petition
, the said defendants aver that no certificate
as required by law, was ever made of the
result of said election in the Third election
, district of the Twelfth ward, comprised
within the Second Assessment district oil
Wilmington hundred and that it was ant
!, is impossible for any men, being inspector:
within said assessment district and assem-
bled as q board of canvass or computation
or Tor the purpose of ascertainins the
result and certifying as to the election u
/ an assessor in said district, to ascertain
+, and determine what votes, ii any, wcrt
cast in the said Third election district o.
the Twelfth ward, for candidates TO
5 assessor, at said election.
i And the said defendants, further an
!, swering said petition, say that i'll com
n pliance with the statute in that behalf
. they did assemble at the City Hail in lht
!, said city of Wilmington together with tn
e other inspectors and judges of election
u districts comprised in the Second Assess
) ment district, proceeded to and did aseer
Q tain thenumber OF votes given for assessor
G in said election district, so comprised u
n aforesaid, and declared the candidate hav
4 ing the highest number of votes to be til
=, assessor of the said Second Assessment
- district, and made, signed and delivered
. said certificates in manner and form pre-
l, scribed by law.
e And they further aver that all the Gel
titicateS of the number of votes given TO
d each candidate, voted for as assessor ii
N each election district comprised within
n said assessment district, made and signe
= by the inspectors OF said several districts
w were considered by them and from tn
same the number of votes given for oac
"a candidate for assessor in said election dis
"a trict, SO comprised AS aforesaid, was RsceI
IF tanned, and that no certificates we're pre-
IL scented to the said inspectors whieh wer
, not duly considered and computed IN nhi
- entertainment, and that 1t did not appos
~ - that any votes for assessor as aforesaid o
o. said assessment district were cast that wer
not 50 computed and included in sal
ascertainment, and that having done q
he ises as prescribed by law, the said inspe.
;. tors adjourned without day, and that til
said certificates, from which the said uscel
). tainnent and computation were made
N PASSED from their possession and contro
=, there being no law requiring them to pre-
= serve and retain the same.
" That when assembled as aforesaid, ia
c. the purpose of computing and usoertainiu
m the result of the election held for assesso
in :he Second Assessment district OF Wi
10 mingtou hundred aforesaid, it appeare
vi from the certificates there presented tina
rr James Il. Farley had received the highes
number OF said votes in said assessment
le district for the Office Of assessor of sal
u district, and thereupon he was declare
IL the duly elected assessor of said assessmeT
Y. district, and Il certificate as required b
II, law signed by majority of all the ii
NJ | speCtUrS OF election OF said assessment di
tritt was delivered to him.
And said defendants are informed an
aver that pursuant to said certificate, {
e was his right, he became and was the dull
VI qualified assessor of the said assessmel
-. district and is now exercising the fun
T. tons of said office and performing I'll
rs duties thereof.
T. And the said defendants, furtht
M answering. deny all material allegation
'ie i'll said petition contained other than tho.
I ~. which have not been hercinbefore e.
~ pressly and explicitly admitted, or whiG
~. are i'll any way inconsistent with the ave
.! mentS and statements herenbefoTe mad
y respecting any matter, act, or thing I'M
rs terlal to the determination nj this case
~ These defendants further aver that Il
W, inspectors and judges of the several ele
W ton districts comprised within the SecOI
III Assessment district of Wilmington hui
u. 1. .,.t IN