Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-01-31
shff Correspondence Of Every Evening.

STAFF Correspondence Of Every Evening.
Dover. Jan. 25.-The Senate committc,
on election, composed of Senators Kpu,
and McFarlin, Regular Republicans. Senn
tors Hart and Slaughter, Democrats, anc
Senator Pennewill, Union Republican
decided yesterday afternoon to postpone fur
ther consideration of the Ross McNulty con
pest until next Thursday night, when thu
bearing will be transferred to Wilmington
mklpg place either In the office of William
y. Hilles. one of the attorneys employed by
The contestant, or the office of j. Horve,
Whiteman, counsel for Senator McNulty.
By going to Wilmington, the committee will
snve the State the expense of bringing wit.
nesses here, which would be considerable.
The contest was taken up yesterday morn.
ing, the committee sitting In the State
House parlor. Senator Knox, the chairman
Of the committee, presided, and all tie com.
mitseemen were present. David J. Rein
bardt accompanied Mr.. Hilles a, associate
counsel. Besides the parties TO the contest
and their attorneys, Frank A. McCoskey,
clerk of the Wilmington Department OF
Elections, Thomas Reardon, who served the
summons, Election Inspector Dugan, Elec-
tion Judge higgins, John s. Thompson and
!ohp n. Godwin, Jr., witnesses for Senator
McNulty, and newspaper correspondents
were admitted 10 the parlor.
Alter the committee had consented to
employ q stenographer to record the testi-
pony, Mr.. Hilles offered resolution d.
fecting the secretary OF the Senate to return
TO Senator McNulty his specification of OBJ
jections TO the right of Mr.. Ross to contest
bis (Senator McNulty'sl seat, and moved
shat the resolution be adopted. The resolu-
tion snid:
Mr.. Ross. on December 9Th, 1900. served
notice on Senator McNulty, and, on Decein-
Der 10Th, delivered a written specification of
the grounds on which he intended to make
the contest. Senator McNulty failed to de-
liver TO Mr.. Ross within 15 days after re-
ceiving the notice aforesaid, as provided in
section 2 chapter 20, of the Revised Code,
his specification OF objections to the right
of Mr.. Ross to Senator McNulty's seat.
Senator McNulty filed an alleged specitica-
ton Of objections. bearing the date uf JAN
uary LIST, 1901. but did not deliver to Mr..
Ross the said specification of objections
within u days after receiving the notice
SAID: The statutes provide the rules or
methods of regulating contests, and such
rules should be observed. have no doubt,
however, that, as the Senate Is constitu-
tional body IL could rise above the statutes
and proYide other rules for contested cleo
tions. In the face of this, however, the
statutes have been followed in the past.
Mr.. Hilles, In conclusion, cited the de-
csion OF majority of the House to apply
the provisions of the Revised Code TO the
Learned Scotch contest, by which the con.
test was thrown out, because the contestant
neglected to file his certificate of contest
and the accompanying papers with the
Speaker on the first day Of the session.
In reply, Mr.. Whiteman said: Senator
McNulty is not contestant, but duly
elected ind seated member of the Senate,
and nothing like specifications has anything
to do with his seat. We have filed no speci
hcations, for we do not intend to rely on
them; but we have filed our answer, and
within the time specified by law. Senator
MeNulty relies Oh his title to a seat Ia the
General Assembly by reason Of the fact
that he received minority of the votes cast
in his district The votes were canvassed
by the legal machinery for that purpose,
and he was declared elected. No specifica-
tion Is required where the sitting member
does not attempt to recriIninate or file a
counter specification. II he does reply. on
recrimination. he shall deliver specihca-
tions to the contestant at the same time he
delivers his papers to the Speaker
Replying to Mr.. Whitemnn's contention
that Senator McNulty was not required to
file specification of objections, Mr.. Hiles
quoted portions OF the document filed by
Senator McNuty, which Mr., Hilles declared,
was sworn aud subscribed to by Senator
McNulty as a specification of objections.
CONTINUING, MIR. Hiles snid: II do not
want to inject any political consideration
in this cnHe. II is a question of right; il is
above politics. / think it would be u proper
procedure to strike Senator McNulty's
specification from the CASE
Next, MIR. Whiteman moved that the petit
tion of contest be dismissed, on the ground
that nowhere in 1t is an allegation that, ad-
hitting everything therein to be true, the
result of the election IN Senator McNulty g
district would be changed.
In an attempt to show that, If the allega-
tions of the contestant are found to be true,
the result of the election would be changed.
Mr.. Billes quoted portions of Mr.. Ross
petition.
The hour for balloting for United States
Senators having arrived, the committee de-
ferred consideration of the points raised
and motions made, and took recess.
The hearing was resumed in the after
moon, when Mr.. Whitennn moved that the
first IL declarations and the 18th declaration
In Mr.. Ross petition be stricken out.
These refer to disturbances 10 South will
mington and the closing of the polls, "by
means OF which unlawful acts, the petit
tioner asserts, upwards of 175 electors
eunlihed to vote were prevented from vot-
ing for me, Howard d. Ross, as they other
wise would have doDe." In support of his
motion, MIR. Whiteman argued that the
committee could not take consideration OF
votes not deposited.
Mr.. Hilles vigorously opposed The motion.
The committee finally announced that IL
would not entertain the technicalities and
motions, but would decide the contest on its
merits, and adjournment until next Thurs
day night Immediately followed.
Dover, Jan. 26. = Representative
Robertson has introduced the follow
ing act relating TO the Levy Court Of
New Castle county:
Section l. The county of New Castle,
for the purposes of this act, shall be
and the same is hereby divided into
seven districts, as follows:, One shall
comprise and be composed of the
Second, Fourth, Sixth, Eighth and
Ninth wards Of the city of Wilmington,
being Representative districts Nos. /
and in New Castle county, as the
same ara now bounded and described,
or may be hereafter extended or en-
larged in any way, and the SAID dis
triot shall be known as the First Levy
Court district; another shall comprise
and be composed of the First, Third,
Fifth, Seventh, Tenth, Eleventh and
Twelfth wards of the city OF Whining
ton, being Representative districts
Nos. 3, and In New Castle county,
as the same are now bounded aud de
scribed, or may be hereafter extended
or enlarged in any way, and the said
district shall be known as the Second
Levy Court district; another shall
comprise and be composed of Brandy
wine hundred, together with ali that
portion OF Christiana hundred lying
north Of and bounded, by the central
line Of the Lascaster turnpike, being
Senatorial district No. 3 in New Castle
county, and the said district shall be
known as the Third Levy Court dis