Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-07-18

City Council held special meeting
Friday evening and heard Michael II.
Caunon's contest of the election of
Charles L. Sparks, Jr., m the member
from the Second ward. According
10 the returns, Mr. Sparks was elected
by a majority of one vote, but Mr..
Cannon alleged that he believed he
would have been elected IL some ballots
cast out were counted and some which
we're counted had been cast out. He
asked for canvass of &c disputed
ballots from the First and Fourth dis
tricts and also eight questionable ones
which had been found in the Fourth
district box.
Council was 10 session from n few
minutes after O'Clock Friday night
until l.30 Saturday morning, aud after
testimony of many Witnesses had been
heard and the disputed ballots had been
examined. IL was decided that there
had been tito vote, six OF the disnuted
ballots having been counted for Cannon
and five for Sparks and thu remainder
thrown aside. And there being a tie
vote Counuil decided the matter by
electing Mr.. Cannon and oustine Mr..
Sparks by thu party vote OF Z to 5.
When tho body was called to order
about two minutes after o clock, every
member of Council, including Mr.,
Sparks, was IN his seat and there were
many spectators In the room. being,
chiefly, friends of the parties to the
contest. table was brought 10 from
the mayors office and placed on the
floor in front Of the Presidents deck,
for the useof counsel, Baldwin Springer
representing Mr.. Cannon and Postmaster
Hugh @. Browne representing Mr..
Sparks. whU had, on motion of Mr..
Name, been given the privilege OF the
floor.
After President Blaine had stated
the object of the meeting Clark Morris.
son read Mr.. Capnon's petition. which
was printed In these columns 10 con.
neution with the report OF Council for
the night of July LIST, when the body
organized.
After Mr.. Cannon's petition had been
read Attorney browne, representing Mr..
Sparks, moved that the contest he
guashed, on the ground that the hearing
did not take place within Is days Of
the time OF service Of notice on the
conte,tee. He said the notice was
served on June 9th, and, counting the
first day as one day, the 10 days expired
yesterday.
Mr.. Stewart thereupon moved that
the petition be laid on the table. The
motion WAS seconded by Mr.. Simmons.
The mntion was carried by the vote of
to s, Messrs. Mousley and Zebley,
Democrats, voting with the Republi-
cans. ~
Mr.. Smith asked II counsel for the
contestee knew when the notice was
served. Harry r. Joslyn, who was
associated with Mr.. Browne, began to
reply, but was prevented from doing so,
Mr.. Smith informed him that Council
had allowed the privilege Of the floor TO
only one attorney on each side. Mr..
Browne then arose and said he thought
the contest had been quashed, but for
The information OF the member the
nOtioe was served on June 9th.
Mr.. Stewart said the motion to lay
on the table was not dotatable.
Mr.. Smith said the notice was served
on July LIST; | saw 1t served. He said
he wanted TO hear the contest He
wanted Council to do the fair thing
il Mr.. Sparks had been elected he
ehould retain the seat; il not, Mr..
Cannon should he seated.
Mr.. Stewart thought Mr.. Smith was
WV Va Olhot1 buo tEbtuiou hdNlhH Dtdn
laid on the table. Whereupon Mr..
Smith raised his voice and told Mr..
Stewart he wanted no bulldozing. ''Let
US have il fair and square,, he said.
President Blaine thought the fact
that the motion to lay on ths table had
been carried ended the contest.
Then let us 60 on without the
petition,n said Mr.. Smith.
Mr.. Kane thought it would be bad
precedent to qussh the CONTEST because
the petition had been laid ON the table
and the evidence should be heard.
MIR. Stewart called attention to rule
No. 90, which specifies that a motion
to lay on the table IS not debatable
Clerk Morrison read the rule, after
which President Blaine again said he
thought the contest was at an end.
MIR. Stewart moved that Council
adjourn. The motion was seconded by
Mr.. Morris. but the motion was lost,
6 to 8, Mr.. Mousley voting with the
Republicans.
MIR. Kane moved that Council proosed
with the contest. Mr.. Stewart moved
to amend by laying the contest on the
table. The motion was lost, to 6,
Mr.. Mousley voting with the Republi-
cans. Mr.. Kane's motion tn proceed
with the contest was carried by party
vote Z to 5.
Mr.. Browne said he could not sue
what was before the body, the petition
having been laid on the table, but Mr..
Springer held that Council had the
right to say whether the coolest should
60 on.
Mr.. Smith said the petition was on
tbe minutes OF Council. President
Blaine said Mr.. Smiths point had
been we'll taken, wheroupon Mr.. Springer
had Clerk Morrison read the minutes
under OATH Mr.. McCatisrty pointed
out where Council had passed dupi
cate ordinance on one occasion, the
original having been stolen, and the
duplicate was perfectly legal.
Mr.. MORRISON was cross examined by
MIR. Browne, and in reply said thu
petition on the minutes was the firsI
he had seen officially and the fret filed.
Bailiff John j. Ryan swore that h,
served uorice on MIR. Sparks on july
lst. MIR. Stewart asked him whether
he had not served petition on Mr..
Sparks at noon on June 9th. He re-
Flied in the affirmative, saying it was
a copy of the original, the original
being In possession of Robert q. Har
man, Mr.. Cannon's attorney. So far al
MIR. Ryan knew Council had no copy,
officially, until July LIST.
Mr.. Browne then asked that the con
test be quashed as the notice had no
heen filed within 80 days from the day
the election was held. His request wal
not granted. ffF
Mr.. Smith again objected to Attorney
DO SYN assisting Mr.. Browne and nshil