The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1894-11-14
CONTEST FOR AN OFFICE
Farley Sworn In as Assessor Of the
Second District.
HUDSON TO TAKB THB CASE TO COURT
levy Court Commissioners Decided Tina
They Could Not Go Behind the
Certificate Presented BY
the Board of Canvass.
Certificate Not
Regular.

The Levy Court of New Castle county at
its regular meeting in the Court House
yesterday lecided to swear in James F.
Farley as assessor for the Second district
of Wilmington hundred despite the protest
filed by Charles II. Hudson, the Republican
candidate, who received the largest num-
ber Of votes and who was really elected.
The matter will now be taken into the
Superior Court and the necessary papers
for suit to oust Farley will be filed as
soon as they can be prepared, probably to-
day
When the Levy Court met yesterday
morning the assessors Of the various hun
dreds of the county were present, filed
their certificates of election and were
sworn in according to law until the name
Of Mr.. Farley was called, When his name
was called H. ii. Ward, counsel for Charles
H. Hudson, the Republican candidate, who
was legally elected, stepped forward and In
the name of his client presented the fol-
lowing protest:
''To the Levy Court of New Castle
County. Gentlemen: This is to notify you
tina l, Charles H. Hudson, candidate for
the assessor of the Second district of the
city of Wilmington, claim to be duly
elected assessor for said district, and pro-
pose to contest the certificate of election
officers given to James f. Farley, my OPP
ponent. The basis for my claim is that
the face of the returns give me clear
majority In said district of all votes cast
for assessor and that the certificate Of
election with the clerk Of the peace is
based upon incomplete returns, inasmuch
as the sixth precinct OF the Fifth ward
were not conidefed by said officers in their
canvass, and the returns Of the Fourth
precinct Of the Fifth ward were mistakenly
canvassed by said officers of election so
that the votes east for the said Farley
were credited to me, and the votes cast in
my favor in said precinct were credited to
the said Farley. A proper canvass OF the
votes in the face of the returns will show
that have upwards Of 100 majority
"CHARLEs H. Hu DsoN "
Some of the members Of the Levy Court
asked what Jurisdiction that body had in
the matter and Willard Salisbury, Jr.,
who was present, advised the Democratic
members to refer the whole question to
John IL, Rodney, the attorney for the
court. II was so referred and Mr. Rodney
promised to have an opinion for the court
at 2 o'clock.
At the afternoon session Mr.. Rodney was
present with his opinion in the matter, as
he had promised. When asked If he was
ready to deliver his opinion On the ques-
ton Mr.. Rodney said:
I'm my opinion the Levy Court can do
nothing but receive the certificate OF cleo
don presented and swear in the man hold
sng that certificate. There is special act
governing contested elections, but this case
would not. in my opinion, come within
that act for the reason that the cause of
contest is not one of those causes specified
in that act. and the case should therefore
10 into the Superior Court for decision.
"Chapter II, section s, of the new Re-
vised Code, Is In my opinion, still In force
for Wilmington hundred, as we'll as the
other hundreds of the county, and this law
provides that the certificate OF election, SO
far as this court is concerned, shall be final
leaving the question of right to the office
TO be arbltrated in the proper court"
Mr.. Gallagher asked Mr.. Rodney to put
his opinion in writing so that 1t would be
a matter of record and Mr. Rodney at once
did so.
Mr., White moved that the opinion Of the
attorney of the court be accepted and Mr.
Ea rley sworn in.
Mr.. Armstrong-"This matter can be
settled In a nutshell. This man has never
b,en elected and no certificate such as the
law requires has ever been received How
can YOU swear him in when he has not
heen elected and we have received no GER
tIflcate9s
Mr. Gallagher-"I read the law on this
matter and it saws that the returns of the
.ssessors, vote in the Second district shall
he eanyassed by the election officers for
that District and that they shall then issue
. certitic,te Have we received such u
certificate? This certificate is signed by
naonle MI over the city. but not by all OF
the election officers oil that district as re-
uuIred by law"
NJ Scott then called MIR. Mealoy to the
cbair md taking the floor. said:
"This matter having been referred to the
attorney for this court. who is our legal
adviser for his opinion and he having
said that we have 10 Jurisdiction in the
matter we must 20 by what he says. | do
not know who was elected Here is a
certificate presented by Farley l do not
know where he got 1t, but 1t is here, and
I do NOT see ANYTHING to do but swear him
In"
Mr. hrmstropR-@That certificate is not
signed by all the Judges and inspectors of
thai district. This is a question of law.
The law saws what is a certificate and
what YOU shall do, There is no certificate
here The matter comes down to a ques-
tion of doing right or doing wrong. Either
Earley was elected or he was not elected.
I, ba was not we have no right to swear
MIN in,
Mr. scott-e.If the certificate is not right
80. a. M. onn,ts sbouId anttle his