Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-11-17
DELAWARE GAZETTE AND STATE JoURNAL-wiLA

snail not be counted, and tnereby
made their certificate represent false,
instead Of the true result of the
election, yet we cannot correct this
OF law which they have made
ut can not reasonably be said that
"a mistake Of law in counting vote as
"a legal one, when such vote is, in tho
true meaning and intent of the law, an
illegal one which can not lawfully be
counted, is not a mistake in the GER
stiiicate which embodies and gives the
power OF a legal vote when it goes to
tho candidate named therein.
such contention is too specious q
distinction for the purposes of a
sound and reasonable construction of
section 6 of article S of tho Consti-
tuition, which expressly provides that
upon complaint under oath of fraud or
mistake In any such certificate the
court may open the ballot box and
make recount of the ballots therein
to correct any fraud or mistake in the
certificate.
sin view of the mischiefs that are
of public notoriety, which this pro,
vision was undoubtedly designed and
employed by the trainers of the Consti-
tuition to remedy, and in view OF tho
further fact that they especially. consti,-
tuted this. exceptional court IN each
county for the sole purpose OF canvass
ing the returns of the election officers,
and expressly empowered US to sum-
marily obtain the ballot boxes and
their contents, and to recount the bal
lots for Che purpose OF correcting any
fraud or mistake in any certificate, we
cannot reasonably doubt that the Con-
stitution gives this court the power to
review and to. reverse or affirm the
decisions of the election officers III all
matters respecting their counting and
| certifying the actual result of an cleo
| ton. That court would be especially
constituted of the judges OF the high
est grade in the State for the mere pur-
| pose Of affirming the judgment respect
| ing questions of law Of election officers
generally unframed in the law, does
\ not seem probable. We think other
| wise. N
When section %, chapter 3s, Vol.
| XXI, Delaware Lnws, directs that the
4 inspector and judges OF the election II
| every district shall make and deliver
certificates Of the election stating the
number of votes given to each candi,
i date, &c. ,itmeans the number of legal
and not of illegal votes. Under thu
Constitution and laws of this State il
is intended that legal, and not illegal
4 votes shall elect, that election certifi
Gates shall show q true and not fals'
result, and that, II the election Officers
either corruptly, ignorantly or mad
4 vertently include an illegal vote, o.
exclude a legal one in determining thu
number of votes stated in their certifi
Il l., ba c,trh fraud nr n, ie
take within the meaning and purpos
Of section G, article 5, of the Constitu
4 tion of this State as will bring their sait
action within the revisory power o
this court when convened for the per
formance Of the duties imposed upol
it by said section.
i "Thc motion to dismiss the com
plaint of Mr.. Conaway is denied.
! This announcement of the court
decision WAS manifestly gratifying t
the Republican counsel, If not to Mr.
White. In the end, however, it prove,
fortunate for the Democrats that Mr.
/ Whites yicw was not taken by tn
4 court. Mr.. Martin subsequently pre-
sented counter complaints, asking tn
court to order a recount of the votes i
{ two election districts of the Third. sena
,orial district, on the ground that cer
tain Illegal ballots had been counte
therein for Mr.. Ellis, who was contest
7 ing the election of Mr.. Farlow, Demo
crat, for State Senator. Upon thes
1 recounts being made, they resulted i
\ the election Of Mr.. Farlow, the Demc
cratic candidates by 81 plurality owe
Ellis. .~4strt ~ IN
Mr.. Martin made another STRATEGY
movement on Saturday, by presentin
! two more counter complaints an behal
Of Maull, Democrat, asking the coul
, | to order a recount of the Lewes an
also the Broadkiln election districts, o
the ground that certain illegal vote
had been counted and certified therei
for DIR. Burton for State Senator.
The result of this was decided sui
, prise all around. 1t seemed to hat
demoralized the Burton forces, for aftt
the count of the Third Senatorial cor
tested election was completed DR.. Bul
! toms counsel asked leave 10 withdra
DIR. Burton's contest of Maulfs seat /
the Senate. After some discussion tn
was granted and the court dismisse
the case
AS Mr.. Martin seemed to be ii
! originator and successful prosecutor {
this plan Of operations, he will sloub
!, less be gratefully remembered by tn
lucky candidates and his party for sal
! ing Democratic majority in the 6tat
: Senate.
. The canvass was very lahorious or
for the judges and their assistants, WI
labored long after midnight each da
! in counting the ballots, verifying n
: suits, &c. But, now that it is over, a
feel that this mode of canvassing r.
= suits will be successful in preventir
: both fraudulent voting and counting
= !, a great degree hereafter.