Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-01-21
TON DELAWARE THURSDAY. JANUARY


counted not by reading each name, as had
been the rule from tho beginning of the
count. but were placed in punches and were
then counted in bulk. The counsel for Mr..
Dickey protested against any change In the
manner of counting. The count, as 1t was
then being made, was following the pro-
visions of our statute in this State, provid-
ing for the counting of the ballots by the
election officers. Notwithstanding the inn
propriety of such proceeding and despite
the protests of counsel the committee pro-
ceeded In their own way and counsel for
Mr.. Dickey and his representatives refused
to be present any longer at the investiga-
ton, since which time the vote has been
counted without any representative for Mr..
Dickey. The com mittee accorded the coun-
sci OF Mr.. Dickey but scant courtesy, and
their proceedings from beginning to end
seemed TO be unfair and biased.
| am informed during my absence that
one or more ballot boxes were opened and
found to contain no votes, the number of
ballots in one single district where no bal
lots were found in the boxes was much
greater than the difference between the vote
Of Mr.. Cheairs and Mr., Dickey, thus render
ing it absolutely impossible to arrive at any
fair and equitable determination as to
whether Mr.. Dickey or Mr.. chears received
the greater number of votes cast in New
Castle county There is also now lodged In
the hands Of the Speaker request by the
be subpnnaed to be examined in the case,
and, therefore, no final report can be made.
II is also the opinion of several lawyers who
have been consulted that the ballot boxes
were not properly in the custody OF the per
son or persons who were in possession OF
them at the time the delivery was made to
the House, which delivery was only made
by Implication. the keys being delivered to
the Speaker, who turned them over to the
chairman % the committee.
1t Is, therefore, recommended, that before
any final action be taken in the case, that
fuller and fairer investigation, ia accord
ance with the original resolution of the
House shall be made. and the whole matter
be more fully reported at some future meet
ing OF the House. Charles q. Dempsey.
Mr.. Dempsey asked that no action
be taken at the morning session aud
stated that the Speaker ard chairman
OF the committee had beb.. handed
list of names OF persons whom he de-
sired TO have summoned to testify that
the ballot boxes had been tempered
with.
Mr., Donaldson offered the following
as an amendment to the majority
report:
Resolved, That the committee on election
be instructed to proceed with their investi-
CATION in the Cheairs VS. Dckey contest,
summoning any witnesses for either party
When subpnnas be requested.
No action was taken on the amend.
ment, as 1t WAS declared out OF order
by the Speaker. Mr.. Donaldson APP
pealed from the decision of the chair,
but. the chairs decision was sustained
by the following vote: Ayes--Davis,
Eliason, Hazel, l.. S. Hopkins, John
son, Martin, Mccoy, Smith and Whit
ney-9; nays-Dempsey, Donaldson,
Mccullough, Taylor, Thompson and
Adams--6.
Mr.. Ilazell called for the majority
report, and Mr.. Donaldson made a
motion to adjourn, the latter being
lost by the following vote: Ayes
Adams, Dickey. Dempsey, Mccullough.
Taylor, Thompson, and Donaldson-7
nays-Davis, Eliason, HAZEL, l.. S.
Hopkins, johnson, Martin, Mccoy,
Smith, Whitney and the Speaker
Mr.. Donaldson moved that tho report
be laid on the table; Speaker Riggin
called for the yeas and NAYS on the
original resolution, and Mr.. Donald.
sons appeal from the decision of the
chair was defeated by the following
vote: Ayes-Davis, Eliason, HAZEL.
johnson. Martin, Mccoy, Smith and
Whitney-S; nays-Adams. Dempsey,
Donaldson, Mccullough, Short, Tay-
lor and Thompson-7.
Mr.. Donaldson moved to adjourn,
the chair decided against him; he
appealed, but the decision OF the chair
was sustained by vote Of 8 to 8.
The resolution declaring Mr.. Dickey's
seat vacant and declaring Mr.. Cheairs
entitled to the seat was adopted by
DO F,lt 30
son, HAZEL, l.. S. Hopkins, johnson,
Martin, McCoy. Smith, Taylor, Whit.
ney and the Speaker nays
Adams, Dempsey, Donaldson, McCul.
Tough, Short and Thompsou-G. Mr..
Taylor moved that the vote be recon-
sidered, and motion offered by Mr..
HAZEL, to lay on the table. was carried
by the following vote: Ayes Adam,
Davis, Eliason, johnson, Mccoy, Mar.
tin, Smith, Whitney, HAZEL and the
Speaker-9; naYs-Dempsey, Donald.
son, Mccullough, Short, Taylor and
| Thompson-6.
The action was final and after Mr..
Cheairs had been sworn in adjournment
was made until o'clock.
Dover, Jan. l9.-The interest of the
VI SidutIdl tbteulDly yes
terday was centorod mainly in the
Cheairs- Dickey contest.
At the morning session in the Senate
Mr.. Pyle introduced a bill entitled
AN act to further confirm and
establish an act entitled An act to
provide sinking fund for the payment
of the city debt of Wilmington, f"
which was read twice and referred to
tho COMMITTEES on cities and towns
The bill provides for an amendment to
the Sinking Fund act passed March
2Otb, 1877, which will enable the City
Council and Sinking Fund Com
missioners OF Wilmington to issue new
bonds to take care of the loan which
falls que next month and about which
there existed some doubt concerning
the proper disposition and the authority
of the Sinking Fund Commission in the
matter.
Senator Fennimore gave notice Of
bill amending an act regulating the
practice OF pharmacy in Delaware, the
object being TO change the annual
examinations to triennial examinations.
The following bill, introduced by
Senator Pyle, was read twice, under
suspension OF rules, ana referred to the
committee on Revised Statutes:
An act to supplement chapter AZ,
Volume XIV, Of the Laws of Delaware,
entitled An act in respect to chattel
Mortgages.
| - BE it enacted Inv the Sannta opd