The sun. (Wilmington, Del.) 1897-19??, 1901-01-11
FRIDAY, JANUARY II, 1901.
RETURN BOARD TACTICS.

lion Ill IHb NEUTRALITY-SUSPICIOUS. N''''N'ss - L
cured decision upon Il technical point
of what they claim is the law,
and have ut the same time
shown very cunclusively that they are
afraid of an investigation involving the
opening OF the ballot boxes and a recount
of the ballots. This manifest fear is, |
we suggest very much like confession
of guilt. Mr. Scotch, the Democrat in
this ease, is the Mr.. Scotch who hg-
turn board which attempted to falsify
the returns of Kent county in 1S96-one
of the projectors of, and participants IN
the political theft of the State of that
year. 1t is apparently apropos that i'll
this case the man and the methods should
be Of like political gcneSis--the geniliness
of their Democracy is beyond doubt
The question raised by Mr. Learned in
his notice of contest has not been settled.
That question is in important one invol-
wing a vital principle in all good politics
and government. 1t is virtually the qucs-
ton raised and settled, as all good citi-
zens supposed. in the suit and decision
of the Court in the mandamus case rela-
tive to the legislative vote of Kent
county III 1896 In that case the people
were not interested i'll the technical
points raised by the Court or by counsel
for the defendant. Those questions, like
those raised now, related only to methods
of procedure. The people then did not
care whether returns had been made
from all the election districts of the
county on not; but what they wanted to
know was which political party had won
the election, and who were the men who
had been elected to membership i'll the
Legislature. The Democratic methods
adopted then were intended TO prevent
The legal and judicial decision Of that
matter The method adopted i'll the Scot
ten cases is the same. MIR. Learned char
res that Mr. Scotten'S certificate of elec,
ton is fraud, that Scotch was not, ana
that he, Learned, was consttutionalls
elected to membership in the Delaware
House Of Representatives. The consti-
majority is claimed for Learned. lie
ballot boxes and the ballots have been
preserved, lis required by the law. for the
settlement of just such disputes. Mr..
Learned appeals to that ballot box, ana
10 Those ballots, not upon amy statute
cccding, hut upon his constitutional rights
and upon the constitutional authority OF
the House, ITO judge of the qualifications
and election Of its own members" NJ
statute law is Of sufficient force to i'll
validate that constitutional right Of til,
House; nor yet can any statute law right
fully Or honestly deprive MIR. Learned o
his constitutional rights in the case. Hi
failure, if he did 50 fail to meet the let
Ter of the law in filing his notice Of con
test. does not justify Mr.. Scotch in re
tanning a seat i'll the House to which HI
was not elected nor docs any such fail
lIrc on the part Of Mr. Learned disprov
the truth Of what he alleges iii his brief
The question is still open.
In this case, as i'll all others, the con
sttution prccedcS, and when necessar
supplants. the statute law. The const
futon provides that the Houses Of tn
Legislature shall each be the Judges Q
the qualifications and election Of its ow
members. The statute law is not ntcne
ed, nor Is it competent to deprive til
House Of that right, II the legal mctl
DDS provided in The statutes fail, us the
appear to have done i'll this case, recours
must be had to the constitution, and i
thus matter the House is Il lax unto i
SELF. Ii the return Of Mr. Learned
papers has left the House without
formal filed notice Or contest ii is viii
in the province Of the House, eXcrcisin
its constitutional privilege, to original
other causes of action. The cofistitutio
does not prescribe methods, 1t says VIII;
shall be done. 1t says that the member
Of the Legislature shall be elected, an
imposes upon the Legislature the dut,
giving the necessary authority, 10 estai
lish the fact Of such election. That
the law stripped Of tcchnicalities Sta
ute law, nor the absence Of it, does II,
impair that authority Or relieve the a
scmbly of the performance Of Il dut
made mandatory by the constitution.
We have said that this attempt Of ii
Democrats to prevent an investigation
The charges made by Mr., Learned is
return 10 the return board tactics
1886 ~ that il lines the Democrats |
to prevent iii appeal 10 the ballots til;
are true. Aud this effort is not n VIII
better than tile former one This. wit
out regard to the truth or falsity
Mr. Learned's allegations Aside Their
fore from the constitutional questions i
volvcd, aside from the duty Of the Hou
to investigate and find the truth Of ii
opposite claims to n seat upon its ho1
there is the question of submitting
such destructive tactics III dcterininil
Legislative intc'cs Is. lis submission I
and custom 70 sanction, these revolutio
airy methods in politics: That is
question that Is not partisan. II is
question that appeals to The best pn
ical sentiment uf the very best M,
in Il House ~ amy where else. II