Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1899-04-13

rnent OF Eiections-yhy 1t is Commended
That There is Nm Law for Holding the
Election This Year.
The question of whether or not there
is legal authority for holding city
election in June is without doubt of
great interest, not only to politicians
but to citizens generally. To the lay
mind it seems somewhat strange that
any question could be raised on the
subject, for there was city election
In 1897, and the lay mind recalls nothing
that has happened since then on which
to base an opinion that any less war
rant for holding an election exists now.
The general ignorance concerning the
reasons on which the opinion as to lack
of law is founded, furnishes sufficient
excuse for an examination of the matter
in some detail, the purpose Of the
present article being to set forth the
basis for the before mentioned opinion.
To do this requires the examination
of several legislative enactments, but,
10 save the busy reader some time, it
may be stated generally here that it is
commended that the Department of
Elections has no power to hold the |
election; that what was supposedly a
grant of power to the department really |
lnniu on uAODpulou III tAlp hupbNl VI tlfS
elections.
In taking up the detail, it may DO
well first to quote section 3 of pro-
posed act in relation to municipal
elections in the city Of Wilmington
Senate bill No. 93-which passed the
Senate with some amendments, but
which failed to become law. Section
reads as follows: Gan duties i'm
posed upon and all powers vested in the
Department of Elections created by an
act entitled An act to amend an act
entitled AN act to revise and con-
solidate the Statutes relating to the
City of Wilmington, chapter 1874, Vol.
Y XVIII, Laws of Delaware. are hereby
imposed upon and vested in the De-
partment of Elections created by an
Act entitled An act creating De-
partment of Elections for the City of
Wilmington, chapter 40, Laws of Della
ware"
Now the fact that it>was desired to
pass section like the foregoing raises
fair inference that the existing law
does not give the Department of
Elections all the desired power. So
that the question here is as to the
authority granted by the two acts in
question.
Chapter 1874, page s66, Vol. XVIII,
which named Andrew g. Wilson,
Alexander j. Hart and George S.
Capelle as q Department Of Elections
for the city of Wilmington and gave
them the powers to arrange for
the registration and election. Alto
gether the act has 10 sections and
occupies more than 30 pages of
the volume. 1t was passed April 21st,
1887. Chapter 40. Vol. Xxi, Laws of
Delaware, was passed May goth, 1893.
and comprises but nine sections, and
provides, as its title indicates, for q
Department of Elections for the city.
4 reading of the act shows that it is
devoted almost entirely to registration
regulations, and makes no direct pro-
visions for city election. AS the first
act does make full provisions, it is
plain that were the two properly COM
bined, all the needed powers might be
secured.
But through the failure of Senate
bill No. 90 to become law the effect
of combining the two acts cannot,
therefore, make way out of the
dilemma. 1t remains simply to con-
slider what power is given by the exist
ing laws.
The act OF April 21st, 1887, being
chapter 1874 of Vol. XVIII, has already
been referred to- When the Legisla-
ture Of 1891 got to work it tried its
hand on IAN act to provide for the
registration of voters in the city Of
Wilmington, which is chapter 30 OF
Vol. XIX, and passed it on May 18th.
Ii, too, provides for the appointment
of Department of Elections for tbs
city and sets forth their powers. Tie
act contains "a sections and deals will
election as we'll rs registration matters
Tn, HNsf fnf stnt :
general registration for all elections
held on the Tuesday next after the frs
Monday in November, is provided for
Then it reads:
''That for each and every election
other than such as above designated, OK
cept municipal elections, and election
for members of the Board of Educa
ton, held in said city there shall be
revision of the general registration ha
as provided in this act, which reviso
shall be made on the second Saturd;s
next preceding the day of each an
every such election, -
The point to he emphasized is tina
municipal elections are expressly o,
cepted. Then, later, when the act prt
vides THAT all laws or parts of Law
heretofore passed inconsistent with an
of the provisions of this act be and IL
same are hereby repealed, it is hel
that the act OF April 2lst, 1887, is n
pealed
Coming now to the act of May 20tT
1898, being chapter 40, 'An act creatr
Department of Elections for the eli
of Wilmington, which has alreat
been mentioned, it will be seen tn
section continues the same membe
of the Department of Elections as we
in the department under the act of M;
18th, 1891, but the powers of that a
are not conveyed, and If they we
municipal elections are accepted as
the registration.
just following the act of May cot
1898, appears chapter Al, being ~
act more clearly defining the duty
the DEPARTMENT. of Elections in the ci
of Wilmington" which was pass
June 1st, 1893, and the first section
which is:
THAT the Department OF Electio
of the city Of Wilmington shall ha
and exercise all the powers and pri'
leges in respect to elections, viii
shall hereafter be held in said Gil
which the Department of Elections h
and possessed by virtue of an act of I
General Assembly, entitled AN {
to provide for the registration of vot
in the city of Wilmington, passed
Dover, May 18th, A. d. 1891, sh
select election places in the respect
districts anpoint all aleotinn oAic