Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-01-07

Castle county, l beg to state 10 reply
thereto or 80 much thereof as at present
seems proper, as follows:
First. 10 reply 10 the first specificu
tion, as stated in the first paper left at
my residence, beg to say that I, the
contestee, have no accurate or sufficient
knowledge with respect to the matters
therein alleged by you, but that il the
same should be true and correct, ] am
advised that the same are insufficient
in law to entitle you TO my seat in the
House OF Representatives of the
General Assembly Ut this State, in
that no allegation is mado that the
votes cast for me we're not sufficient TO
entitle me to seat therein; and
further, | am informed and believe.
and therefore expressly ailege and de;
clare, that the number OF votes cast
for me legally ana properly, and which
were legally and properly counted, or
should so have been, entitle TO me
seat in the said House OF Repfesenta-
tives. being one of the seven who re-
ceived the highest number oil votes In
New Castle county at the election held
in said county on November I'd, A. ID.
1896, for the Office of Representative IN
the said General Assembly from said
county. 8
Second In reply TO the second ale
CATION in said paper purporting to be
specifications and grounds upon which
you will contest my seat, | beg to say
that have no knowledge as to what
the true and accurate returns from the
districts therein named were or what
they should have heen, and tho same
objection as to insufficiency of this
aIla0ufto ir uiianan nc m fhut harain.
before set out with regard to the first.
Third. Replying generally to the other
specifications and allegations in said
paper purpor.ing TO be the grounds for
your contest. | beg to say that no
where in any OF them is it alleged that
l., John L. Dickey, the contested, in
the contest which you propose TO insti-
tute, did not receive sufficient num-
Der OF votes 10 entitle me to seat in
the House OF Representatives in the
General Assembly of the State Of Della
ware, from New Castle county, and
that the allegations therein contained
might be true, and nevertheless you,
the said contestant. Woodward w.
Cheairs might not be entitled to Gust
me from my seat TO which have been
duly certified in accordance with Jaw,
and that while denying the allegations
contained in each aud all Of the said
speci fications, because ] have no
knowledge which satisfies me of their
truth and accuracy, yet ! particularly
and explicitly hereby declare that
was one of the seven persons voted for
for the Office of Representative in the
General Assembly from New Castle
county, who received the highest num-
Der Of votes for said office at the
general election held on the Sd day of
| November, A. ID. 1896 and am there
fore entitled to seat in the said House
of Representatives from said county,
and l expressly object and except to
the allegations of the paper containing
what pprportH to be your specifications
or grounds of contest as insufficient to
support contest for my seat in the
said House of Representatives of the
General Assembly.
Fourth. Answering further aud
generally each and every allegation
contained in the paper purportiDg TO
be tho grounds and specifications upon
which you say you will contest my
election as Representative. beg to
say. as you we'll know, that the con
fusion incident to the counting and
tabuatiou of the votes by which the
board OF canvass for New Castle county
ON the 9th and 9Th days OF November,
A. d. 1896. was such that it is inn
possible for me, as well as for you, to
| determine or TO say accurately the
exact number of votes which were cast
for either of US or, in fact, for any one
who was candidate for the office of
Representative in the General Assembly
4 from New Castle county, and that | am
| firmly convinced that proper count of
| the votes cast at said election for me
would show that l am entitled to the
seat to which my election has been
properly certified, and while greatly
regret that there should be any uncer.
tEinty in your mind or that of any one
else concerning the result as declared,
yet insist that / am entitled to said
seat as Representative from New
| Castle county in the House of Repre-
sentatives of the General Assembly of
the said State and believe that a
proper and legal determination Of the
matter will so show.
| An affidavit 10 the above was made
before Peter l.. Cooper, notary public
for Kent county, and signed by Mr..
Dickey.
Mr.. Donaldson here recollected that
! in the confusion he had neglected to
present himself before the Speaker to
he sworn in, and he took the customary
oath.
Mr.. Short moved that Mr.. Dickey's
answer be referred to the special COM
mittee.
Tho Speaker announced the COM
mittee as follows: Hazel and Davis of
Kent. Smith and johnson OF Sussex,
Mccoy and Taylor of New Castle. and
| the Speaker.
Messrs. Short. Hazsl and Dickey
were appointed a committee on the
part of the House to Wait on the
Governor and inform him that the
hody was organized and ready 10 re-
ceive any communication from him.
The Senate rotified the House that
Mesers. FennimoIe and Pyle consti-
tuted the committee on behalf of that
body and together they proceeded to
ths Governors room and performed
that duty.
Secretary of State Whiteman was
then announced and he had been in
structed by His Excellency, the
Governor, to deliver to the House his
biennial message, the report Of the
adiutant-general, list Of pardons and
reprieves granted and the reasups
| therefore, The report of the State
Board Of Health, report of ths State
Treasurer and the report of the com
mission to determine the boundary
line between Kent and Sussex coun-
|