Evening journal., 1909-07-29
DEMOCRATS GUST
ROSS AND RASH
Continued From First Page.
lain Rash's Election Leoal

GOVERNS 8 resolution.
Whereas, There was heretofore filed
with this Council a petition by Ben
jamin b. Allen, who was a candidate
for the Office Of member of Council
from the Second ward in the city of
Wilmington or the Democratic ticket.
ccntesting the election OF Waiter Rash.
who was elected TO said Office from
said ward at the election held on the
firth day OF June A. d.. 1909. according
TO the certificates issued by the Board
Of Canvass.
And Whereas. This Council in ac-
cordance with the statute in that be-
hal. appointed the twelfth day of July
q. D., 1909. as the day for hearing and
determining the same.
And Whereas, on the said twelfth
day Of July A. D.. 1909, the said BEN
imain u. Allen and the said Walter
Rash being present. and each being
represented by counsel. this Council
proceeded 10 hear the allegations and
proofs of the parties. H
And Whereas, From the uncontra D.
dicied evidence at said hearing Il ap-
pears that IN the Fourth election dis
trlct OF the Second ward in said city.
the said Benjamin p. Allen received
twelve votes
And Whereas. From the weight Of
the evidences at said hearing. the
burden being on the said Benjamin
b. Allen, the contestant, it appear 8
that
First. That John Simmons. Hender-
son Satterheld, Sylvester Morris. John
G. Freeman and Raymond Satterheld.
who each testified they did vote for
the said Benjamin B. Allen. did not
vote for the said Benjamin b. Allen.
but in fact voted for the said Walter
Rash.
Second: That John b. Farley. who
testified that he voted at said election
for Benjamin B. Allen. the contestant.
was disqualified at the said election
as an eector in said district
Third; That the election officers
properly rejected three ballots from
which It appears that each Of the per-
sons voting said ballots attempted 10
vote for the said Benjamin B. Allen.
the contestant.
Fourth; That the said George A.
Wright who testified that he voted for
the said Benjamin b. Allen. the con-
testant, by striking out the name Of
Walter Rash on the Republican ticket
and writing IN lieu thereof the namo
-rf eBnjamin B. Allen. the said con-
testant. did not so vote, as no such
ballot was deposited I'm said box. tho
same being evidenced by the fact that
IL did not appear during the public
counting OF the votes In said election
district.
And Whereas. from the ncontra-
dicted evidence az said herring, It ap-
pears that in the Fourth election dis
trict OF the Second ward in said city
that the said Wafer Rash received
one hundred and sventy-nine votes.
And Wheref From the weight OF
evidence pro .dced at said hearing. the
burden be'ig on the said Benjamin B
Allen. contestant. II appears that:
First John Simmons, Henderson sat
ternsld, Sylvester Morris, John G
| Freeman and Raymond Satteriield
who testified that they voted for sale
| Benjamin B. Allen, the contestant. di,
in fact vote for the said Walter Rash
Second: That John II. White. VIII,
the contestant attempted TO show wal
not a legal voter In said district wal
legally qualified as an elector In sale
district. and did vote for the said Wal
ter Rash.
Third. That It wat proved by a wit
ness produced by Benjamin 3. Allen
the contestant. TO wit, John Mcbride
that George Benton and Isaac Bootl
were each qualified as electors TO vote
at said election IN said election district
for said Walter Rash.
Fourth: That II was proved by &
! A
len. the contestant. to wit, Arthur
Walker, that Parrott Hamilton liveC
with him In said election district at S2
Buttonwood street on election day anS
was qualified as an elector at sal,
election to vote in said election distric
for the said Walter Rash.
Fifth: That George A. Wright, whit
testified that he voted for the said con
tsetant, Benjamin b. Allen. did in fac
vote for the said Walter Rash.
And Whereas. Il is not denied b.
the said Benjamin y. Allen, tho con
testant, nor the said Walter Rash. am
Il Is therefore to be taken as admit
ted by each OF them that the sail
Benjamin II. Allen received four hun
dred and three (40S) votes in said war
exclusive OF the said Fourth electio
district. and that the said Waite
Rash received two hundred and forty
two (2f2) votes in the said ward eS
elusive OF said Fourth election distric
and that therefore the true and COZ
rect result Of said election for sal
member Of Council from said war
as diclosed by the weight OF evidenC
produced az said hearing is four hur
dred and fifteen votes (4l5) for Ber
iamin b. Allen, four hunderd an
thirty-one votes (t3D for said Waite
| Rash. and ten uO) votes for Mile
which shows a plurality Of seventee
votes for the said Walter Rash
Thereofre. be II Resolved, That th
said Walter Rash was duly and legal
! elected as a member of Council froI
the Second ward at the election hel
on the fifth day OF June A. d., 1909.
Resolution Seating Allen.
The Allen Rash resolution was as FOL
lows.
Whereas At the election held in a
City OF Wilmington. a municipal corpori
tion designated by the style and name
The Mayor and Council OF Wilmingto
on the NTH day OF June. A. ID. 1909. Il
the election Of Municipal officers for n
city Of Wilmington. Benjamin b. ALE
was the Democratic candidate for Men
bor OF Council Of said corporation fro
? the Second Ward of said city. and Walt
Rash was the Republican candidate (,
= Member Of Council OF said corporate,
= from said ward. and
Whereas. BY the returns made by a