Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-07-04

OuuEib5 u. DphThbs bf.s 10 methoa oho
with lead pencil, and therefore said
the candidates fos said Office
"If these particular disputed ballots
had been counted according to the true
and.real intent OF theivoters. the vote
would have stood as follows: For
e. SPARKS, Jr, 10 VOTES; majority for
Michael r. Cannon. 5 votes. Your
petitioner would thus have been elected
to the office Of member OF Council by
ma jority of four votes, since the Official
count gives Charles E. Sparks. Jr., a
majority nf but one vote. The total
vote would thus have been al follows:
For Michael #. Cannon, 3S7 (official)
plus Is disputed equals 402 votes; for
Charles E. Sparks, Jr., 1888 (ofiiciall
majority for Michael F. Cannon, A
yoies. 3n
"Second-- In the Fourth district of the
said Second ward there were counted
by the election officers Of said district
for ths said Charles e. 81 arks, Jr.,
and your petitioner, a total OF some
eight ballots. The said eight ballots
were stamped in two different ways,
viz. Sons Of said ballots were stamped
with the cross Ky end OF the stamp
two or three times In the square enolos-
ing the party device, and other Of said
ballots we're stamped with the cross
cXD end Of the stamp and the said
stamp pressed down In such a manner
as to leave blur and Distinguishing
mark thereon These Particular ballots
thug imp operly and wrongfully counted
made the vote for, said Office stand as
follows: For Charles +. Sparks, Jr.,
z votes; for Michael +. Cannon, vote I;
majority Tor Charles e. Sparks, Jr.,
q votes. 4
III these particular ballots thus
improperly and wrongfully counted,
had rot been counted the said
Charles Il. Sparks. Jr., would have
lost seven votes aud your petitioner,
one vote, and your petitioner would thus
have been elected 10 the said office of
member Of Council by majority of
| five votes - the official majority uf the
said Charles E. Sparks, Jr., being but
one vote. And the total vote would
thus have been as follows: For Michael
f. Cannon 387(ofiiciAll plus l tcounted) J
equals 1856 votes; for Charles e. Sparks,
Jr., 1888 tofficial1, plus Z tcounted) 38l
votes; majority for M iehael i. Cannon,
s votes. Your petitioner therefore prays !:
First That II tho eight ballots thus
| improperly and wrongfully counted,
with distinguishing marks thereon, are
to be allowed to stand, that then tine 26
4 disputed ballots thus improperly
stamped, with distinguishing marks
| thereon, shall also be lcounted-the in
tent Of the voters In all of said ballots
| hainp aouallv clear
/ Second-That il none of the 26 dis
puted ballots,as above described, are to
be counted, because the same are i'm
properly stamped, and have distin-
4! gushing marks thereon, that then the
4 said eight ballots that were counted,
be disallowed and thrown out, the same
being improperly stamped. aud having
| distinguishing marks thereon
4 And your petitioner will ever cray,
1 &c. Michael +. Cannon. ~
Accompanying the petition WAS Mr..
I Cannon'H affidavit thatSthe petition was
not filed for the purpose. of .vexation
| and delay, ana that the. petitioner be.
I lieved he had just grounds for contest.
ing the election.
After the paper had been read, MI.
Stewart moved that 1t be laid on the
table indefinitely. The motion was
seconded and an aye and nay vote
taken, as follows:
Ysas-Simmons. Postles, Stewart,
Morris and Blaine-5.
Nays Willis, Monaghan, Kane, Nous.
ley, McCatferty, Smith and Zebley-7.
Not voting Sparks, not permitted
under the rules to vote,
After the taking of the vote Mr..
Stewart started to explain that both
the officers of the election and the De.
pHrtment of Elections were politically
opposed to Mr.. Sparks, yet he won.
Mr.. Smith declared that Mr. Stewart
was out of order, because Council wat
not then considering the merits of the
case. President Blaine decided thai
Mr.. Smiths point was well taken.
TO BE HEARD JULY 18th.
| On motion Of Mr.. Smith, the petition
was received and fled and Friday es en-
ing, July 18th, at s o'clock, was set fol
the hearing Of the contest.
On Mr.. Smiths further motion, thu
president was directed to sign and rh,
clerk to attest subp9nas for witnesses
in the case. sl4ssisssas.s
Then On motion of Mr. Smith, Coun
Gil adjourned.