Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-01-28

ts unwilling to make that concession. |
II proper juries cannot be selected by |
the Levy Courts, let either the con
vention or General Assembly provide |
some other means of drawing tho iuries.
DR.. Carlisle agreed with all that had
been said about vote-buying and vote
selling, but it was surprising to him
that 80 many people had come out OF
the heat Of the fray without the smell
OF smoke. The doctor said that before
he could vote for the report he must
be satisfied as to how the court IL to
be constituted and what limitations
are to be put upon it.
Mr.. Bradford replied to some OF the
remarks which had been made in OPP.
position to the report. he emphasized
the fact that the ballots of the people
are intended TO represent the will OF the
people. The ballot of any ono man is
intended TO represent the will of that
man, and no other man 1t is we'll
known that the voters of this State
have bean bought up 10y the thousand.
like sheep, to express the wills OF the
people who bought them. In recent
time the evil had increased until 1t
threatens the very foundation OF the
government, ami now the votes in the
ballot boxes cannot be construed to
express the will OF the people. He ex-
pressed belief that be had learned from
the remarks of Messrs. Herring. Carlisle
and Salisbury that their opinion was
that the convention should do nothing.
No remedy ia proposed by those who
oppose adoption of the report OF the
committee. m.s
The speaker said he knew of cases
Il Sail lad tn, f,tn lp hxf
jury. lie contepded that the only way
by which tho honor OF the State can
be regained is TO abolish trial of
election cases by jury, for ii tue
remedy is not applied tho evil will
Informed the members that a nominal
penalty of S100 or an Imprisonment OF
six months might be imposed, or the
fine might be So, 100 or five years i'm
prisonment, at the discretion of the
court. and he could not see any in
Justice in that 1t is intended to pro-
vide in the Constitution tho manner of
amending it, and il the provision should
not be satisfactory the Legislature can
10 two or four years abolish the trial
without juries.
Mr.. Bradford moved, az the con-
clusion OF his address, that the words
latter examination and commitment,
or holding Of bal by judge or justice
of the peace, be- inserted in the report
as an amendment. so that men await
ing trial might be admitted to bail.
Mr.. Spruance favored the amend
mept, although be was opposed to
| the abolition of trials by jury.
The amendment was adopted.
At the opening OF the afternoon ses-
sion Mr.. Bradford moved the adoption
of the first section of the report Of the
committee, which relates to punish
ment for bribery.
Mr.. Spruance offered an amendment
the object OF which was the elimina-
! ton of punishment for betting on
elections, and argued in favor OF the
amendment. --.
Mr.. Bradford thought the amend
ment should not be adopted.
| The amendment was lost by vote
of Is to o, and the section as finally
decided upon was adopted by vote
of 90 TO 4, Messrs. Clark, Herring,
Smithers and Spruance voting in the
negative. The whole article was
adopted by vote of 10 to 8, Messrs.
Donahoe, Herring, Salisbury, Smithers
and Spruance voting in the negative.
The article reads as follows:
| Sec. l. Every person who shall receive or
| accept, or offer to receive or accept, or shall
| pay, transfer or deliver, or offer or promise
to pay, transfer or deliver. or shall contrib.
ute, or offer or promise to contribute, to
another to be paid or used, any money or
| other valuable thing rs compensation. in
ducement or reward for the giving or with
holding or in any manner influencing the
| giving or Withholding a vote at any general,
| special, or municipal election in this State,
or at any primary election, convention, OF
upon a vote thereat by any person, or meet
ing held for the purpose of nominating any
candidate or candidates, to be voted tor al
| such general special or municipal election,
| or who sh"ll make or become directly or i'll
directly parry to any bet or wager, depend
ing upon the result of any such general
special, municipal or primary election, oil
convention or meeting; or VINO shall. by the
Use or promise of money or other valuable
thing, or otherwise cause, or attempt &c
cause any officer of election or registration
officer to violate his official duty; or who
shall by the use or promise of money oil
other valuable thing, influence, OF attempt
to influence any person to be registered oil
abstain from being registered. or who, being
an officer OF election or registration officer
snail knowingly and wilfully violate hi:
official duty, or who shall by force, threat
menace or intimidation prevent or hinder
or attempt to prevent or hinder any person
qualified for registration from being regis
tered, or any person qualified to vote from
voting according to his choice at any suci
general, special or municipal election, shall
be deemed guilty of niisdemeanor ant
shall be fined not less than one hundred dol
lars nor more than five thousand dollars, o.
shall be imprisoned for term not less thai
six months nor more than five years. o.
shall suffer both fine and Imprisonment
within said limits. mt the discretion of thu
court and, if male shall further for
term of ten years next following his sentence
be incapable of voting at any such general
special, municipal or primary election, o
convention or meeting. No person, otne
than the accused. shall in the prosecution
for any offence mentioned in this section b.
permitted to withhold his testimony on til,
| ground that il may crminate himself O.
subject him to public infamy but such les
timony shall not afterwards be used agains
him in any judicial proceeding, except 70
perjury in giving such testimony.
Sec. 2. Every prosecution for any of tn,
offences mentioned in section of the articl,
shall be on information filed by the Attor
| new General, after examination and com
, milment or holding to bail by judge o.
Justice of the peace, and the cause shall b.
heard, tried and determined by the cour
without the intervention of either Il CRANE
jury or petit jury. The accused, i
adiudged guilty of the offence chargec
against him, shall have the right at an,
time within the space of three calenda
an appeal to the Court of Errors and APP
! peals. The court below. or any judg
! thereof in term time or vacation, shall upol
; an,,lication nv the accused allow such an