Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-11-17

lsked for recount in each case and
he court required some time to con-
,ider the applications
j, Harvey Whiteman asked whether
the court would permit objection to
be made or complaints filed while the
vote was being canvassed, provided
they believed they had discovered
errors or anything upon which to base
He was informed that such
objections could be made. He particu-
larly desired to know whether it would
be necessary to give notice OF COM
plants before the canvass began and
was informed that such notice was not
necessary.
After the clerks had prepared them
selves to tabulate the vote, Thursday
afternoon, Prothonotary Woolley, by
order Of the court, read the bill OF
complaint and affidavits from the First
election district of the First Repre-
sentative district, in which Philip Q.
Churchman, on behalf of John @.
McCaulley, the Republican candidate
for assessor, asked for recount, alleg-
ing that 1S or 10 ballots had been re-
jected for various reasons. After the
reading of the bill, the ballot box for
the district was brought into the court
room, by order of the court. 1t was
opened by Chief Justice Lore and AS
sociate Judge Spruance, who were
sitting. The Judges examined the
ballots in the box, after which Chief
Justice Lore inquired whether there
were two styles Of stamps given out.
Clerk Frank A. McCloskey of the De-
partment of Elections and Clerk Of the
Peace j. B. Foard replied that there
were not. Samples of the stamps were
produced. All Of the ballots which had
not been counted, 81 in all, were found
together in the box.
As there appeared to be popularity
in some of the stamp marks, Judge
Spruance asked whether there were
any other stamps than those furnished,
by the authorities.
Mr.. Churchman said he was pre-
pared to show that the stamps used
were handed the voters by a clerk,
who took them from his pocket. Chief
Justice Lore said, however, that the
court was not trying the election
the state of the election, to determine
whether the ballots thrown out should
have been counted or rejected. The
controversy, he said, might be pro.
| longed until Christmas, and 1T was
necessary to confine the inquiry to the
point.
Following this discussion the re-
jsoted ballots were critically examinec
by the judges, and after the examina
] tion had been completed Chief justice
Lore stated that all Of the ballots con
| tanned the signature OF the inspector
and that Of the 81 rejected, 30 wer'
properly rejected and only one SHOULD
be counted.
From what could be learned, i
looked very much as il at least one 0
the stamps was defective, or stami
had been used that was OF differen
design from the others, or the person
using it did not exercise proper care
RULING OF THE COURT CONCERNING RE
JEoTED BALLOTS.
John H. Rodney, representing severa
persons contested against, held tina
the court could not place upon the eel
tificatss any votes which had been n
jected, but could only rectify mistake
which had been made. If the bon
fide votes put upon the certificate
correspond with the bona fide votes i
the box, the court cannot place an
additional votes thereon. He said I'll
province Of the court did not give
any greater authority than any otht
board Of canvass.
Judge Spruance said the duty Of I'll
court was to ascertain whether u
s, election officers had properly certi fit
the votes.
, Mr.. Rodney said it was the duty
!, the court to ascertain whether the
! had been any fraud or mistake, whit
, would be shown by comparing u
r bona fide votes in the box with tho
q on the certificate. IL there should
fraud, that was a matter for anoth
\ tribunal to consider.
Mr.. Rodney held that the electi,
!. officers were the judges of the electio
a j. Harvey Whiteman read a secti
i. from the State Constitution bearii
h on the subject.
4 Chief Justice Lore gave the decisi
4 of the court, holding that the court hat
4 right to place votes on the certifics
which were left off by the electi
AZ officers either by mistake or error
- Judgment, thereby taking a stand
~ opposition to the view Of Mr.. Rodnt
"a The one ballot was therefore placed
IN the certificate in the First district,
II Philip O. Churchman, referring
a. the First district of the First Rep
"a sentative district, said one ballot h
u been cast for James ID. Mccoy for
10 SCISSOR, which had been stamped o
~ side Of the square, and he asked ii
the vote be recounted. Judge Sprual
In asked Mr.. Churchman if he would
an sist on such action, and Chief just
y Lore said the lines would not
20 drawn so tightly, whereupon ]
ri Churchman Withdrew his mott
After the matter had been sett
ut Messrs. Churchman and Walter
To Hayes asked that the box be sealed
it was before and delivered to
a. prothonotary for safe keeping, the
"a. ference being that it might be wan
ii. at some future time.
10 When the matter Of the First dist
q Of the First Representative dist
in had been disposed of the figures v
Nc read out to the tally clerks from
p9 certificates of the First and Sec
me- election districts by Clerk Frank
he McCloskey.
.he When the Third election district
"a reached, j. p. Nields, represent
,ot John G. McCaulley, the Republ
90 candidate for assessor, was permi
a.. to file an additional complaint on
" half of his client. He alleged tina
Ar. ballots had not been counted, eli
the because they were blurred, soilet
rst otherwise defaced. On his applica
81 the box was brought into court
AZ opened by the judges, who exam
he the ballots.
ms After the examination the court
r. cided that of the q votes thrown
~. nine would be counted, while IL
VII been properly rejected. Two
Re-. Democratic and seven Republican v
was As the figures were being read