Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-11-17
SUSSEX COuNTY'S CANVASS
An interesting Questions Pre-
scented to the Court.
THE RULING AS TO RECOUNTS
Moves That Aided the Demo-
Gratis In the End.
Opinion OF thu Court NJ to its Powers and
Duties Undsr the Now Consultation -
Democrats Lose Representative but
Hold Two senators-Ah Pleased With
tho New System.


Democrats Lose . Representative but
Hold Two senators--Ah Pleased WITH
tho New system.
Georgetown, Nov. l4--Late on Sat
\ urday night Associate Judges Grubb
Snnd Boyce concluded their canvass by
NJ the Superior Court Of the. election re-
y turns. The certificates for the re,
spective candidates were al filed and
signed by the court, and this morning
we're enclosed and delivered in the
official envelopes. There have been
contests over but three offices, viz
That of James G. Conaway, Republi-
can, against West, Democrat, in the
Fourth Representative district; Elijah
j. Ellis, Republican, against Farloow,
Democrat, In Third Senatorial dis
trict, and DIR. Burton, Republican,
Magainst f. G. Maull. Democrat, in
1.-the Fifth Senatorial district. OF
Etthese, Conaway, Republican, was suc-
cessful, but the Democratic Senators,
n Farlow and Maui, are declared elected
on the count by the court.
Conaway's plurality over West is but
one vote; Farlow over Ellis, q, and
Maui over Burton, II. Il
During the progress, Of the count
J some very important decisions have
been made as to what marks, defects,
&C., will invalidate d ballot. Tho court.
has also settled the practice and pro-
cedure in many particulars. n
XVI On Thursday night the session lasted
4 until after midnight. The court room
was crowded to hear the most pro.
tracted and interesting discussion OF
the canvass. Ex-senator Higgins and
Attorney Cahall spoke on behalf Of
Conaway, the Republican, and Attor-
pey. General White for West, the Demo.
cratic contestant for Representative In
the Fourth Representative district
Mr.. Cahall, attorney for Conway,
had presented a sworn complaint
against Vests alleged election by a
small majority, alleging that certain
illegal ballots had heen counted for
Vest and praying the court to open the
ballnt boxes and examine and recount
all the ballots contained therein, in
order to determine the truth of the
complaint and averments, and, il true,
!. to correct any mistake thereby made
a in, the certificates OF the election
officers. Day a
The discussion arose upon the motion
4 lof I'LL. White that Mr.. Conaway's com.
b{txnt be dismissed. Attorney General
White commended that the court had no
"a {oWer to reverse the decision and count
X Ane election officers, on the ground
IN my unintentional mistake, either of
"A M Or fact, made by them in counting
n III certifying the votes cast at the
u lI5| ation, urging that the court had no
2&fp power in this respect than the
n N fk$ Board of Canvass had prior to our
X Constitution.
]flge Grubb speaking for the court
az 6Hi4 That the contention was untenable
"a IA the court under the present Con
6t{fttion, had no more power than the
1 Old Board Of Canvass in regard to cor
r66<fng the errors of election otfic> IS Ia
Mounting and certifying the results
s. Of an election. aaF "
- He stated that the provisions oil
section 6 Of article 8 Of the new Con
Mt stitution were a great and marked adj
EDITION to the statutory provisions pre-.
Niviously giving powers to the old Board
Of Canvass, and that the former were
adopted by the late convention largely
because the recent Kent county Board
of Canvass nandamus cases had con
clusively shown that their powers were
7absolutely insufficient for the cor.
injection Of either the corrupt or the
nnintentional errors of the election
I'd inspectors and judges in counting anc
{ Certifying the votes cast.
III Judge Grubb continued: lin sale
pandamus cases the court had helc
hat the Board of Canvass could mo-
count and certify the vote by opening
the ballot box of any election distric
md recounting the ballots therein
and would be unable to do SO wher
* the certificates, thereof had not beer
f produced or could not be procured, o.
were corruptly or enormously made tt
f show an incorrect result, consequent,
the new Constitutional provisions o.
section 6of article s must be construed
ia reference to this deplorable situation
which they sought to remedy.
These provide that the Superio
Court, convened as Board of Can
vass, shall have power to open th,
ballot boxes, make a recount of TIL
ballots contained therein and correc
cate or paper relating to the election
W in question, in any one Of the followin,
contingencies, viz: !. In case tn
|& certificates. are not produced. 2. il
case those produced do not agree. 8
In case fraud or mistake is apparen
ION the face Of any such certificate
band 4, in case of complaint unde
& bath Of fraud or mistake in, any sucl
S<7 certificate 4 y e... IA III. is6 ~,
1.-The case before us is one of com
plant under oath that the electio
officers enormously counted and certi
fed certain votes for Mr.. West for REP
Preventative by mistake, which were. in
valid and could not lawfully be counte
and certified by them because the
bore certain distinguishing marks IN
for other reasons specified In Mr.. Cona
ways said complaint; and that sal
illegal ballots are now actually in th
box here in court As these allege
facts do not appear by the certificate
before us, the compliments allegation
can only be determined by opening u
box and examining its contents, viz
the certificate, tally lists and bnllo
therein. .5f Gs4t;;
eff we find therein ballots contain
ing thereon the specified mark, thel
60 much of the sworn allegation !bein
established, the question win rensi
whether or not such mark Is o di
tinguishing mark within the meal
ing and design of the law. This is
question of law which. ii twas ii
duty of the election officers to dete
mine, and which we must presun
they did determine in tho negatiyt
that is, that it was not such a mark ;
would make the ballot u void one whic
they could not count and that col
sequently they did count and certi
it. This court Is therefore called upc
to decide whether, in case there
actually in the box one or more ballo