Evening journal., 1913-02-28


DOVER, Del, Feb. 2S.-Forcing a
recount of ballots in the face of a
protest of the Republican members
the Democratic majority in the House
yesterday afternoon went through a
contest of the seat of Representative
Elias I. Bennett Jr, Republican, OF
the First district of Sussex county
which had been filed by John c. Dick
erson, defeated Democratic candidate
Protesting that a dangerous precei-
ent was being set, the Republican
members Of the House refused TO par
tlcipate in the proceedings after the
Democrats had ordered the ballot box
opened
The Republicans even declined tc
serve on committee of six men,
bers to recount the votes. and Speak
er Holcomb finally had TO name six
Representatives Cooper
Records, Arthurs, Taylor. Owens and
Wasamon. They gathered around the
ballot boxes in such a way that some
body suggested they were pallbearers
Of a long-departed election. They re-
counted the ballots of the first cleo
tion district, which showed a gain OF
four votes for Mr. Bennett. Repubh-
can, instead of bearing out the Demo
cratic allegation that ten or more
ballots had been rejected by the cleo
lion officers that should have been
ccuuicd for Mr. Dickerson. This gave
Nc Bennett a majority of nine
votes for Representative, instead OF
iNe by which he had been returned
as elected. The ballot box in the sec
onu district of the representative dis
lrict vas not opened
Ruby r. Vale. of counsel for Mr.
Bennett, in clarion voice pointed out
to the members of the House the peril
OF the precedent they were setting OF
the legislature opening ballot boxes
and counting ballots. without the con-
tesiant having had the judges in Su-
nerior Court sitting as board of eau
vass TO recount the vote. which Dick
erson failed 10 do MI Vale claimed
II was a statutory course that by
ell means should be followed that the
court should first pass on a contest,
and the Dickerson contest opened the
door TO dangerous procedure in the
future Human nature docs not for
get he warned Mr. Dickerson. tn
defeated Democratic candidate. had
not made a contest before the judges.
but after he found he had been de-
feated he, urged on by some radical
Democrats, flied a contest in the Leg
islature.
Some Of the Democratic members
OF the House were opposed to going
ahead with the contest of Mr. Ben
1ett's seat They felt that the cleo
tion was over and no political advant-
age could be gained Some OF these
members at noon prepared a petition
urging that the contest be abandoned,
and several of them signed the paper
when il was circulated by Reprosen-
tative Arthurs, II developed. how
ever, that Speaker Holcomb was in
sistent that the contest would be
heard, and those who wished to side
track il had to bow to the party whips.
No Legislature in many years has
been so harmonious as the present
one, but the Democratic attitude in
jamming through the contest at this
late day has stirred up some partisan
feeling. which the Democrats opposed
TO hearing the contest sought to avert
AT the opening of the afternoon ses-
sion Representative Cooper moved
that the ballot box be opened and that
two tally clerks be appointed and
sworn in.
Representative Grantland. leader o.
the Republican side, protested against
opening the ballot boxes. by this
procedure" he said, 1--WE are about to
set precedent that will lead to who
knows where The claim can be made
by any person in the future that he
did not know at the tiiiio of the can
yass Of the vote hy the judges that he
was not elected. for that reason had
failed 10 make a contest and would
then be permitted to bring a contest
before any elective body General
Assembly Levy Court or what not
who we're the judges of the election
OF the member
by this procedure you are ignoring
the election boards. Of the second
election district Of this Representative
district; you are ignoring the decision
Of the judges sitting as canvass
board, you are substituting a partisan
tribunal for deciding such question
for the decision Of a judicial tribunal
non-partisan or bipartisan if you
please.
On Representative Cooper's motion
that the ballot boxes be opened, the
Democrats voted for it and the Re
publicans against it, When Repre-
sentative Bennett voted against the
motion, Speaker Holcomb said He re.
GREETED TO inform him that under the
law he could not vote while the con
test was pending Charles L. Moore
and Charles R. Jones we're appointed
as tellers.
Mr.. Grantland asked that Sheriff
Dukes who had possession of the bal
lot boxes, be sworn and examined as
to the custody of the boxes since elec
tion day Speaker Holoomb admin
istered the oath to the sheriff.
Representative Cooper raised
question as to whether either side