The sun., 1898-11-12
REJECTED BALLOTS COUNTED
Republican Representative, As
SCISSOR and Inspector Counted
In in Sussex County.
ATTORNEY WHITE INDIGNANT
Claimed the Court Had no Right to
Count Rejected Ballots, but the
Judges Decide Otherwise.
The BurtO- Maull Con.
test Now On.
From a Staff Correspondent.

Democrats don't want any recount in
Sussex county is evident from the way
that every move the Republicans make is
contested. '"'-,' '' '2-''
Their first cry, that the judges have
not the power to open the ballot boxes,
has been we'll ventilated in the Superior
Court here and decided by Judges Boyce
and Grubb in favor Of the recount of
ballots thrown out.
This question has consumed consider
able time and kept the people of the
county and State in suspense as to the
outcome Of the election in this county.
Attorney General White, assisted by
the most prominent Democratic lawyers
Of Sussex county, contend that, accord
ing to the constitutional provisions, the
Courts authority did not extend further
than an examination of the inspectors
and judges Of the districts, to see that
they compared favorably, and as there
was no mistake found in the certificates
the contests should be dismissed by the
Court. '''' '-'
A strong fight was made by the legal
talent on the opposite side in which
Senator Anthony Higgins was promi-
nent figure. Mn Higgins expressed his
belief that the Court had the power to
open the boxes and make recount.
Mr.. White, in replying to the other
side, was called to order by Judge Gruff,
who by his remarks offended Mr.. White,
and for a time it looked as though some
thing indiscreet would take place, but
Mr. White overcame his feeling of anger
and continued his appeal to the Court.
The effort made by Mr.. White was an
able one, and had the effect Of postpon-
ing the decision Of the Court until to-
day, when it was decided that the boxes
should be opened in certain districts.
The contest in the First and Second
Election districts of the Tenth Repre-.
sentative district was taken up first, and
the contestants we're Hiram r. Burton,
Republican candidate for Senator, against
the election of Franklin c. Maull, Demo-
crat.
In this election there is alleged to have
been 45 Republican ballots, % Demo.
cratic, Prohibition and blank ballots
rejected.
According to the unofficial returns DR..
Hiram Burton received the highest num-
ber of votes and it was plainly the inten-
ton of the people of the Fifth Senatorial
District to elect DR.. Burton to the SEN
ate, but through gross neglect or inten-
tion on the part of the election officers
the ballots were thrown out.
This is the case as it now stands, and
If the interest of the voters is to be con-
sidered then it is thought to be clearly
the duty of the Court to count many of
the rejected ballots in.
In filing the affidavit of protest in the
Sixth Representative district Attorney
General White notified the Court that
he had given notice of contest in all
three election districts of the Sixth Rep
resentative district, but on further re-
search found that there was no contest
over the election in the first district of
the above district. When he became
cognizant of this fact it was decided to
count the First Election district OF the
Sixth Representative district, which re-
suited as follows:
Congress-Handy, III; Iloffecker, 175.
Auditor-Bishop, ll3: Lingo, l76. State
Treasurer-Ross, ia; Ball, l75: Sheriff
Wilson, III; Short, 172. Coroner
Marvil, ia; Walls, l75. County Treas
urer-McCabe, ia; Spicer, Us. Senator
-Farlow, III; Ellis, l75. Representa-
tive-Robinson, ll3; Short, l73. As
sessor-Davis, ia; McCabe, IT'S. In
spector-Carey, ia; King, l75.
After certain petitions and affidavits
were corrected and passed on by the
proper authorities, the contest in the
Burton-Maull election was taken up.
In Broad Creek the Court opened the
box and found that IL of the Fl ballots
thrown out had been properly rejected
and that 8 should be counted.
The result of the count disclosed the
fact that Conoway, Republican Repre-
sentative, Warrington Republican asses
sor and Messick, Republican inspector,
were elected in place of West, Phillips
and Knowles respectively, who were to
all appearances elected prior to the re-
count.
In Broad Creek Election district OF the
Fourth Legislature district the vote was
as follows:
Congress 275; Handy, 270.
State Treasurcr-Ball, 275; Ross, 267.
State Auditor-Lingo, 275; Bishop, 270.
County Treasurer-Spicer, 274; McCabe,
267. Sheriff-Short, 276; Wilson, 260.
Coroner-Walls, 275; Marvel, 270. Rep
resentatives-Conaway, R., 273; West,
D., 272. Observation-Disclosures, R., 27l
D., 270. Inspectors Messick,
r., 273; Knowles, d., 270.
A recount was made of the rejected
ballot of the Second Election district
of the Fifth Representative district and
the court sustained the action OF the
election officers and offered the returns
as follows
Congress-Hoffecker, III; Handy, 252.
Auditor-Lingo, III; Bishop, 25l. State
Treasurer-Ball, III; Ross, 249. Sheriff
Short, l19; Wilson, 250. Coroner-Walls,
ia; Marvel, 252. County Treasurer
Spicer, III; McCabe, 25l. Senator-Ellis,
r., liz; Farlow, D., 25l. Representative
Marvel, r., ll5; King, D., 223. Assess
ll6. Inspectors-Culver, D., 252; Adams,
r.. liz.