Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1896-11-26

j .
The surprising development in the
hearing Of the Kent county election
dispute before the superior court at
Dover, Tuesday, in the aising Of the
point that there had been no legal
election of election inspectors In this
State since 1901, need occasion no
alarm. 1t is true, that it may cloud
some official titles and cause much un-
easinese until matters are Strengthened
out, but an easy remedy for all diff
cultiAs, IL is held, may be provided by
the coming session Of the General
Assembly.
The point that was raised 10 In brief
this: The General Assembly, in 1883,
abolished what was known az the
"Little Election" held in October for
the choice of assessors and Of inspec-
tors to hold the November election,
and provided means for the selection
Of these officials at the general election
in November. In 1901, this law was
amended by striking out all OF it's fret
section, which covered the election Of
assessors and inspectors, and sub
stituting therefor another section
which referred only to the election Of
assessors, no mention whatever of in
spectors being made. This omission,
1t is commended. left no means of
choosing inspectors except resort to
| the old method OF the "Little Elec-
tion," which was not done, and that
therefore the inspectors subsequently
chosen at the November elections we're
| illegally chosen, and the elections held
by them illegally conducted. This
construction applies to all inspectors
outside OF the city Of Wilmington.
where they are appointed by the De-
partment Of Elections.
While it ia unfortunate that this
4 state Of affairs should exist, the
situation, no matter what may be its
possibilities for evil, is not without
means Of repair. The CONSTITUTE onal
Convention meets next week and the
General Assembly early next year 1t
is conterded that the acts of these
bodies will be of doubtful legality, as
| they were chosen at an election held
by inspectors having no legal authority
to act, but this does not apply. Each
body, as is shown by the very sensible
view Of Secretary OF State Whiteman,
given in our Dover letter, are the sole
judges of tho election and qualifica-
tiona of their members. 1t matters
not, therefore, how these members
may have been elected, If the bodies
are satisfied with them, that settles it.
Both bodies will be lawfully consti-
tuted, and the legality of their organi-
cation cannot be questioned By any
court in the State.
With both Constitutional Conven-
ton and General Assembly to fall
back upon, there will be no occasion
for alarm. The devious questions
raised by the curious complication now
existing can easily be Strengthened,
and little or no harm can ensue. The
jurisdiction of these bodies in the
premises will be beyond challenge.
The incident has it's lessons, how
ever, and they should not be forgotten.
One of them is the evil of hasty legis
lation. The amendment to the act O
1888, which caused all the trouble, wal
passed on May 14th, 1891, only two
days before the close of long ant
somewhat exciting session. 1t wal
doubtless due to the inevitable tur
moil and confusion of the closing hour
that the mistake which caused tn,
present trouble is due. The mex
Legislature should profit by the in
cident, and resolve to indulge in n,
hasty or ill-considered legislation
which is never justifiable and Away
threatens danger in the end.
The Boston Commercial Bulletin i