Evening journal., 1913-05-08
DOUBT OVER
ELECTION MAY
GO TO COURT
Want to Avoid Complications
That Might Affect Joint
Public Building
QUESTION OVER FILING
OF MUNICIPAL TICKETS

The Department OF Elections is ar
ranging for the city election as
though there was no conflict over the
new ballot law. relative to nlng
tickets and preparing ballots. on
the other hand Clerk Of Pence Harry
A. Brown says that while he does not
wish to enter into controversy. he
desires 10 have his duties under the
new ballot law defined
Mr. Brown has not asked Attorney
General Wolcott for his opinion on
the mooted points rs 70 whother the
city election ticket should be filed
With and printed by tho Department
OF Elections or Clerk OF tho poaco.
Heretofore tickets we're 1lcd with and
printed by the Department of Elcc-
tions. but a question has arisen be-
cause OF the new ballot law passed
by the recent Legislature.
A plan now "a unuer consideration
/ for a conference OF Attorney General
Wolcott, City Solicitor Hastings,
Clerk OF the Peace Brown and Pre-
partmont OF Elections with tho state
judiciary TO determine whether the
municipal election ticket shall ho NJ
cd with the Clerk OF the Peace or ne-
lpartment Of Elections and whether
the Clerk OF the Peace or Department
of Elections shall print the ballots
The object OF having the judiciary
70 pass upon the legal questions Is
TO prevent any complications arisinl
later over the validity OF the June
election that might impair the houi
issues for the Joint City and County
building. The city ia to sell s900.00'
OF bonds for the now building projcc
and the attorneys for brokers whit
contemplate purchasing the munioipa
bonds generally 70 deeply into tn
legality OF the bond issue. and tn
legislative action on tho laws sane
tioning such issue. aud also tho valid
fly Of the city election preceding th
issuance Of bonds. Unless all doubt
OF the legality Of the present cit
election arc cleared away. some cues
tion might ho raised later on, Il
feared. 10 upset thn bond iseue 70
Tho Joint nuiidlne. x VII Pc recal
ed that the question of legality of ~
city election OF four years ago wa
raised by counsel for the New Yor
brokers who had bought q city bon
issue Later tho court declared IN
b. city election illegal on the ground
raised by the New York brokers.
j. r. Lewis, n member Of the boar'
IN speaking TO reporter for TIL
EVENING JOURNAL, sald that th
law was plain and It gives tho dc
partment OF Elections sole iurisdiC
ton over municipal elections. "
added that City Solicitor Hastings ha
given an opinion upholding the cor
> tentions OF the department.
In his opinion the city solicitor take
the broad ground that the election lay
does not repeal sections Of the Wi
i mington city charter which dehnitel
i. specify the duties OF the Departmef
OF Elections In the conduct OF mum
o cipal elections. Mr.. Hastings ais
IS thinks the new law. general in II
e character. does not apply to munic
N pal elections as a Who'll, but only s
y far as IL is applicable. The munic
pal elections as a whole, but only s
u and the city solicitor holds thRt
y. stands unless il is clearly in confii'
= with the new law. The law OF Is.
n specifies that the duties which al
performed by county officials for gel
eral elections shall for 'punicipi
n elections be performed by the Depar
IS ment OF Elections The city solicit'
e. holds the duty OF receiving the par
4 tickets and printing the ballots
- Imposed on the department Of election
bv the law Of 1893 specifically. and III
y. law is not intended to be nullitieG
n the new ballot law.