The sun., 1898-11-12
4MINGTON DELAWARE, SATURDAY. NOVEMBER II, 1898.

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ballots were. He called attention to the
fact that the box was in the same con-
dition as when it left the inspectors, and
the presumption was that the rejected
ballots had not been placed in the box,
as the law requires.
Judge Spruance, in reviewing the &C.
ton OF the Court in ascertaining the
facts from the box and the books, said
that 287 had been regularly marked vot-
ed, while two had been marked voted,
with other words, which did not show
whether the two had voted or not. II
they did. vote IL were missing.
Judge Spruance further stated that fl
thetCourt should issue the summenses
asked for such proceeding would not
amount to anything 3 for even II the miss
ing ballots should be produced, the Court
would not feel like counting them and If
they were burned they could not be
counted.
He said that the absence of the II or
I9 lallots was evidently due to an error
or fraud on the part of the election Off
GERS, and it was for the persons inter.
ested to detect the error or fraud, and
the Court, sitting as a board of canvass,
had no authority to do anything in the
matter. The election, therefore, stands
as shown on the face Of the certificate.
The vote of the district was then can
vassed as it appeared on the certificates,
no cognizance being taken of the missing
ballots. ~'s 'h5 t"''T
Mr.. Hayes, on behalf of Mr. Taylor,
read complaint against the returns
from the Second district Of the Tenth
Representative district, alleging that Of
294 votes cast, AZ ballots we're rejected,
and the Republicans lost "a votes. He
asked that the ballot box be opened and
the vote recounted. g
John H. Rodney filed a protest. He
contended that the Court was acting be-
yond it's constitutional power. This, he
claimed, was not . contested election.
He said that the Court had right to re-
count all of the ballots which had been
counted by the election officers and II
any errors are discovered correct the
certificates, but that it was not within
the province of the Court, sitting as a
board of canvass, to review the rejected
ballots.
His contention was that the rejected
ballots were to be saved for specific
purpose, to be referred to in cases Of
contests.
The Court held that it was within ita
power to examine the rejected ballots
and correct any errors found therein,
Judge Spruance remarking that they
saw nothing to change the decision OF
Thursday.
Alexander B. Cooper said that the
election officers were judges Of the bal
lots and if they had been guilty OF fraud
they were amenable to the law, but it
was not for the Court, sitting as board
Of canvass, to say what rejected ballots
should be counted.
Judge Spruance said the Court was
bound to see that all Of the ballots cast
properly were counted.
James W. Ponder said seven of the
ballots in the box had been rejected
because they were illegally folded. He
asked that they be not counted by the
Court and offered to produce testimony
in substantiation of his contention, the
election officers being present.
The court refused to hear testimony,
Chief Justice Lore remarking that all bal
lots properly marked would be counted
and those improperly marked or defaced
would not be counted.
After the box had been opened, Judge
Spruance stated that the certificate there
in contained an entry showing that AZ
ballots had been rejected because they
we're "mutilated and defaced," nothing
being said about improper folding. The
the court.
g As result, it was decided to count IS,
while "a were rejected, and on the re-
count it was proven that Mr.. Hushe-
beck was elected, by number of votes
specified above.
BY the recount OF these ballots James
I. McIvor, Republican, was elected in
spector by votes over Denny Smith,
Democrat, who, before the recount, had
plurality of votes.
Another case similar to that of New
Castle hundred was also exposed during
the counting of the Thirteenth Repre-
sentative district, St. Georges hundred.
When this district was reached, Phillip
@. Churchman, Esq, counsel for John
G. Allston, Republican candidate for
Road Commissioner, entered complaint
that 30l votes had been cast in the First
election district and OF them improper.
ly rejected.
The box was opened, and the Court,
after examining the ballots, decided that
they had been properly rejected.
Complaint was also entered against the
count in tie Second District. Here 3Ol
votes had been cast of which Is had been
rejected. ~
The Judges counted of the l3, reject
ing Z.
In the Third District, where 3O4 votes
had been cast and 10 rejected, the Court
counted in 2 of the 10. "'
The Fourth and last district of the
Thirteenth Representative District was
then taken up.
Mr.. Churchman stated that in this
district 248 ballots had been cast and IS
rejected. Eight Of the 10, Mr.. Church.
man said, had been burned by order Of
the inspector, John A. Cleaver, and only
IL would be found in the box.
It was opened and the Judges soon as
sertained that only II Of 10 ballots re-
iected were in the box. Eight OF the IL