Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-06-20

The Democratic ofliceholders who
have been considering the matter of
testing the legality of the recent mu-
nicipal election, have, it is understood,
decided upon plan OF action, provided
it is definitely settled that contest is
to be made. The programme is said to
be to hold up the pay of the election
officers and compel them to sue for the
money. There is no desire GU the mart
OF the prospective contestants to keep
any of the election officers out Of their
money, az all realize that the service
has been faithfully rendered and the
men should be paid. Neither is it IN.
tended that all of the election officers
are to invoke the aid of the law to col
lect the money. 1t is alleged to be the
desire of the 0fficeholders Interested for
one OF the election officers to bring suit,
as that will answer the purpose Just as
we'll as il each went to law. A decision
in one case would be- binding in all of
the others. In fact, there is no ques-
tion about the men who held the cleo.
tion receiving their pay. They were
engaged to hold the election for stip-
ulsted compensation; they performed
their work properly aud to the satisfac-
tion Of the Department of Elections
and will receive what is due them.
In the event of suit being brought
the Mayor and Council OF Wilmington,
that is, the municipal corporation, will
be the defendant, and the real point
involved will be the legality of the
eleotion, which the courts will be
called on TO pass upon. The defence, it
Is understood, will be contention that
the election was illegal. On this de.
oision, will rest the future Of the city
government for the next two years.
Should the court decide that the cleo
tioD was legal, the newly elected officers
will take their seats on July LIST, the
time designated by law for the begin
ming OF q new administration, whilst
IL the court should render an adverse
decision, some of the present officers at
least would refuse to surrender their
offices to the men who were chosen at
the recent election. The newly .elooted
officers would. in all probability, take
an appeal, should the decision go
against them, and in that event the
matter would go to the Supreme Court
Tor o final determination. That tri-
bunal meets this month.
AS a matter of fact, some of the
Democratic officers are not in favor of
thoA'bB tcobs hIbtt D6CduS6 LQey De-
lieve the court would uphold the cleo
tion, and, secondly, because they fear
unpleasant complications might arise,
>and, for those reasons the desire to make
test il by no means unanimous,
As il is known some of the Democrats
are opposed to taking the matter into
court, it was thought the idea Of making
o contest had been dropped, but the
action-or. rather, linaction-of City
Council last night, gives color to the
belief that those interested have not
abandoned hope and may yet decide to
seek a judicial opinion on the subject.
Council failed to pass the order to pay
the election officers, and, incidentally,
the bills resulting from the election, in
tne matter of rents, supplies, &c. One
OF the members of the elections com-
mittee remarked, when spoken to about
the failure to present the bills, that a
member of the committee was absent.
AS matter of fact, an account had
been rendered in full by the Department
OF Elections and the matter now rests
entirely with Council. The bills sent
IN to Council by the Department of
Elections, which include the nay of
election officers and other expenses,
amount to about S2,40O.
There are 1926 election officers, five
for each of the 65 districts, and the
salary of each is due, as are also the
rent for each Of the 65 election places
Z: and other bills. 1t has been customary
Tor Council to pass an order for the full
amount SO that the checks could be
gi'en to the election officers imme-
diateiy after the election, but in the
present instance nearly two weeks have
passed and still there is no money
appropriated for the purpose.
In consequence of which it makes it
possible for the patter to be taken to
the court according to the programme
outlined above. As to Councils posi.
tion, a member of that body said last
night that he thought the order would
ne passed at the next meeting if some
thing did not develop in the meantime.