Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-06-13
LEGALITY OF CITY ELECTION.

Some Of the Present OnlceboitIers oues-
tion the Validity OF the Law and May
Refuse to Surrender Their Onices.
Some of the Democratic city office
holders are interested in a movement
to test the legality Of the muDioipal
election held last Saturday, with the
hope that the court will decide that
the election was Illegal and the inter-
ested parties will retain their offices
for two years longer. Those interested
contend that the election was Illegal
on the ground that there is no valid
law for holding it. The claim is made
that the operation of the new BALLOT
law utilities the old law for city cleo
tions and the legality of the latter is
questioned on the ground of inconsist-
encies We
Much stress is placed upon the short
comings of the regulations for city cleo
tions, which, it is held, are due partly
to an oversight and partly to political
scheming ON the part Of some Rapubli-
cans. When the new ballot INV was
passed by the General Assembly 1t was
made to apply to general elections, but
as registration for city elections had
been provided for it was found neces.
sary to have an election law to con-
IVAN tbptotOt buki WIN NInhb emu IN
view an act was passed providing that
the city elections should be held under
tho State ballot law. The registration
law was 80 amended that rroyision was
made for revision of registration lust
ridor to city elections, in order that
transfers could be made and new voters
could be registered. As matter of
fact. however, through an oversight,
there we're some defects. 80 far as the
city election regulations were CON
oerned. The State law provided that
the registration books should be deliv-
cred TO the clerk Of the peace immedi-
ately after zach general election and
remain 10 his custody until the next
ensuing general election. This being
the case, the clerk of the peace has no
authority TO deliver the books to the
Department of Elections for city cleo
tions, notwithstanding the fact that
the law provided that the books should
be used. The difficulty has been par
italy overcome by the Elections Board,
which has been using certified comics
of the books in the custody of the
clerk Of the peace.
The discovery was also made that in
applying the primary election law to
the city election no provision had been
made for enabling voters registered at
the revision OF registration or during
the last two days of the preceding State
registration to Participate in the
primaries. and, as matters now stand
only those registered during August of
a general election year can participate
IN the primaries at the ensuing city
election, the same regulation applying
as in the case of State elections.
AT the session of the General Assem-
bly, in 1899 1t was sought to remedy
these defects. A bill was drawn by j. |
Harvey Whiteman covering these points
and approved by the Department of |
Elections. As matter of fact, it was |
looked upon with favor by most OF the |
prominent workers In both the Demo.
cratic and Republican parties. but for
reasons best known to themselves
several Republican members of the
Legislature did not want the bill passed
and succeeded In carving their point.
as result, the old and new city cleo
ZION regulations are somewhat conflict |
ing, and on this ground some of the
Democratic officeholders may attempt
lions. IA
just what course is to be pursued
mas not been determined. 1t has been
Iuggested that the present officials re-
use to surrender their Offices to the
,ewly-elected officers on July LIST and
'equire the latter to take the matter 10
he Superior Court, which would chen
% called upon to pass upon the
egality of the election and decide
which set of officers had legal right
% the positions. Several other plans
nave also been discussed. Tl.
As a matter of fact, the Democratic
are divided on the subject
md several have advised against any
'hort to test the law at this time.
The officers affected are Mayor
fahey. President of Council Alexander,
Jity, Solicitor Conrad, City Treasurer
iamann, Tax Collector Lewis and
Jouncilmen Pierson, Fisher, Johnston,
1ealey and Oherly. All are Democrats
xcept Messrs. Conrad, Lewis, Pierson
nd Fisher. This list does not include
hose who were reelected, Jas, of course,
hey are not affected. 1t should be
tated that all Of those whose names are
mentioned above are not favorable to
making a contest and are not taking
ny part in tire movement