Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1895-03-28

In The contested election case Of
Charles II, Hudson, Republican, against
James +, Sarlsy, Democrat, for the
office OF assessor o. the Third ASSESS
lnent district CT this city, the Court on
Friday decided in iavoy as Farley, who
holds she offioS, ana dismissed tho petit
tinh ~ aaSso;i, the contestant, The
:ofmsr, therefore, viii continue to hold
.pe office, VITA ais title clearly estab-
llshe3 ay iAw.
Tho oase is . peculiar one, and though
there is 40 Goaoi Of the fact that Hudson
rceelsed majority 81 the roIes cast A.
the election in Tie Thirs Assessment
district, Last November, ihere Is also no
question that tie aecisiaR Of tho Cour.
Ia Diminishing his contest was In atriet
accordance with the law. In fact, the
Court clearly would have erred in doing
otherwise.
The case hinged upon the returns
from the somewhat notorious Third
Election aistrsot OF tia Twelfth ward,
which wsrs not presented 10 the can
wasting board the day after slection,
for some reason that hss never besn
satisfactorily axpla!nsa. Had the re-
tarDs Of This district been reported at
tao proper time, Hudson would haze
bsau given the certificate of election,
ami the facts thar we're subsequently
revealed might never have been disccy-
cred. But without the returns of this
district Farley lad majority, and he
was declared elected. Then came the
CONSIST.
&c preparing their case, counsel for
Farley radc the discovery that when
tins :e:il.ery Of which tho Third Election
oit:rtc. O: :ae Twelfth ward ia . part
was aaini..st W!ihin :hs city limits,
the las made M provision ta make it a
poy,ioa Of tire Third Assessment dis
tfiti. Ghe statute rcgnsiued in its
original roai.ion of declaring that the
Third Assessment district should COM
prise 1.-THE Ph;.d, Fifth, Tenth and
Eleventh wGrdS," nobody giving a
thought to the necessity q amending
this law BY adding the Twelfth ward
when the act adding the latter ward tt
.the city was passed. So, while the
Twelfth ward was legally part Of the
cltySit was not, BY Law portion Of the
ThirdAsscssnen districS-that ia, such
portions Of the ward as comprised the
now territory taken Inland tho resi-
dents Of said now territory had no righ
TO vote for assessor o. the district. Fol
this reason, tho court refused to ordcl
the counting OF the votes from the mis-
sing election district Indeed, hat
Hudson been the oiicia! incumbent, by
reason Of . full count of all the vote
cast, and Farley the contestant, thu
Jlatter would have won by reason of the
facts aNovc set forth.
1t is unfortunate that the origna
blundef should have occurred, as it wa
undouA tedly the intention of tic Law
that allEthc territory in question shoul,
comprise i portion of the Third Assess
meat district. 1t was also clearly III
intention Of y majority Of the pcopl
vino Toted that day to elect Hudso
assessor aud Aat Farley. However
t;.At ma;ter 10 now past recall. BIZ
'fc Legislature should promptly pa:
IL act in.k .. the Twelfth ward Il POI
tiaa a 'He Third Assessment district, q
wes originally attended. The preset
status .. she tsrr;ory makes doubt,
the right oi the county to collect tax
rasfa. This Is defect that require
immsd!a.G correction.