Evening journal., 1905-06-26
No Law to Give the City
Council the Authority
to Judge the QuaIifica-
tiOns Of a Succeeding
Body, Competent Au-
thOrities Claim
Provisions in Charter,
Laws and Ordinances
Show Plainly the Power
That Each New Council
Has on an Occasion
Similar to This

The pretended contest OF the Demos
Gratis for tho scat OF Councilman-elect
Howard d. Ross OF the First ward.
which win be held in the city Council
chamber tonight. Is being rldiculed BY
all conservative thinking men Of tho
city Never before has such a thing
been attempted and Il is probable that
the Republican members OF the present
Council will ignore the matter entirely
and remain away from the proceeds
lngs
There IS no law to be found" said
a prominent citizen, that gives the
right or authority Tor Council to ex-
anime the election returns or quali-
fcauons OF a succeeding council. Sup
pose the Legislature would hold a
meeting before new body went into
office and passed on the qualifications
of the succeeding Legislators, what
would be thought OF such n proceed
ing? The whole thing is ridiculous and
the majority of the lawyers On the city
lhavo this opinion. Section 80. page As.
Iof the Charter, Laws and Ordinances
leays; The Council shall hold a meet-
ling for organization Con the first day
OF July next ensuing the city election,
or n that day falls on a Sunday, thcn
on the Monday following)"
POWERS OF COUNCIL.
SO much for the organization OF tho
body. Now on page 226 OF the same
volume section 20. 1t says; And the
Council OF said city, at its meeting for
lorganization on the first day OF July
next ensuing the city election, or if
that day falls on a Sunday. thefS on
the Monday following shall examine
the certificates so delivered to tha
Clerk OF city Council as aforesaid, and
n there be no choice for Mayor, Presi-
dent Of Council. City Treasurer. Assessor
and Collector. or for member of
! Council in any Of the wards, or any
other city office for whom votes shall
have been cast by reason of two or
more candidates having an equal and
the highest number OF votes for any of
said offices, the Council shall proceed
10 elect one OF said candidates. for such
Office for which he Is a candidate.
PROVISION FOR CONTESTS.
, The following section. No. o. states
plainly that If any candidate for any
Of the offices before mentioned shall
choose TO contest the right of any per-
son claiming to have been elected to
such office. such candidate shall, with
in thirty days next after such election,
cause to be presented to the said Coun-
ell of Wilmington his petition in writ
ing. setting forth grounds and speci-
hcations, etc. for making such petit
ton. Upon the filing of such petition
the Council shall appoint a day. not
7 less than ten nor more than fifteen
days from the time of filing such petit
tion for hearing and determining the
same.
These two sections plainly show
that each Council has the right and
authority TO judge the qualifications OF
8 its own members and furthermore
- makes plain the fact that contest pc
:. ltitions should be presented TO the sue
d lceeding Council and a time then sci
d for a hearing which would take place
some time in July after the new body
q lhad gone into office.
City Solicitor Harman's opinion ir
. regard to the matter is anxiouslS
! awaited. He viii probably be present
I, lat the meeting in person and give q
verbal opinion and Council will. Il Il
II expected. abide by his advice. He has
J, said that he wished the matter had
q been taken into court when Josiah
d, Marvel. counsel for George A. Willis
the defeated Democratic candidate
made a proposition, as he did not car,
to be brought into the matter.