Evening journal., 1915-05-27
In Future All Parties Must
File Within Time Pre-
Scribed By Law
NEED THREE MORE
VOTERS ON PETITION


League had come after the time limit
shared by members of the Depart
ment of Elections.
In speaking of their decision to al
low the ticket to 80 on the official
ballot Lambert j. Foulk, secretary
of the department said: We have de-
cided to place the Citizens League
ticket on the ballot. We are doing
so because we believe every citizen
has right to vote for his candidate.
AZ the same time we feel that the
ticket was not legally filed and in
allowing il to go on the ballot the
department is not establishing pre-
cedent but i'm the future all tickets
must be filed twenty days before
election as required by law. The two
leading political parties do so and
others must do likewise.
while the Citizens League filed a
petition with their ticket, containing
twonty-eight names we have found
by referring to the official registra-
tion books that only twenty-five of
the twenty-eight men are registered
voters, and we have told DR.. Smith,
secretary of the Citizens League, that
as soon as he secures the names of
the three additional voters on the pc
tition as required by law, the ticket
will be placed on the ballot"
Henry Z. Cathcart whose name was
filed as candidate for Council from the
Twelfth ward on the Citizens League
ticket, in a conversation over the tele-
phone with officials of the Department of
Elections. today stated that he was not
a candidate for any Office ON the ticket.
Mr. Cathcart said he had not even been
approached on the subject The petition
presented by the Citizens League when
the party ticket was filed, was signed by
the following men:
A. W. Thompson. 9O1 Madison;
Robert c. McCardell, 709 West Ninth
street: J. n. Robinson. SOS West
Ninth street; William II. Updike, S07
West Ninth street: Frank Vernon. Oil
Monroe Richard c. Heeney, 705 West
Tenth; James J. Gallagher. 7O5 West
Tenth; John NJ. Conway. 1915 Monroe:
William Benzik, 704 West Ninth f.
T. Mckee. 1905 Jefferson: DR.. p. A.
Traynor, SO7 Washington; Thomas
c. Fogg, SIC Washington; John p. AL
lison. 619 West Ninth; II. c. Moore.
l02 East Thirteenth; H. Whitten, 407
West Seventh; H. II. Kershaw, 9O5
West Ninth; Stanley H. Kite, 913
Monroe; H. S. Tarbutton, 619 West
Ninth; s. H. Robinson. SO3 West
Ninth: G. b. Hess. 500 West Tenth /;
II. c. Dean, S02 West Tenth; Harry
w. Mason, 1912 Trenton Place: w. Il.
Turner. 733 West Ninth; Louis Car
uzo. 706 West Ninth; Jas w. Richard
son, S25 Madison; S. NJ. Jones, 901
Jefferson: G. W. Graham. 613 West
Sixth; J. X. Kates. Sis Washington.
City Solicitor Hastings opinion
follows:
May 26, 1915.
The Department of Elections, Whining
ton. Del
Dear Sirs; In response to your request
for an opinion as TO whether or not the
certificate of nominations filed by the
Citizens League. new political party
IS IN compliance with the statute, de.
sire to say:
The act in relation to the municipal
elections for the city OF Wilmington was
passed in 1898 and is found on page 397
of the Laws aud Ordinances. / would
call your attention to the following
provisions of that act:
"Scc. ,. That from and after the
passage of this act at all elections held
in the city of Wilmington, excepting
elections for members of Tho Board Of
Public Education in Wilmington the
registration. election and canvass of tho
vote east thercat shall in all RESPECTS be
conducted in conformity with lhe pro.
visions of the election and registration
laws governing general elections in the
city Of Wilmington except AZ in this act
otherwise provided"
"Sec, s. All acts required to he per.
formed by or duties imposed upon The
clerk of the peace or any other count y
officer by the election, registration OF
ballot laws governing the general elcc-
tions in the city Of Wilmington shall
in relation TO municipal elections. dc.
volve upon and be performed by the De-
partmcnt of Elections"
Section 10. The Depart-
ment of Elections shall cause to be
printed the ballots to be used at
municipal elections, in the same man
ner and under the same laws, as far
as they can relate and may be ap-
plicable to municipal elections in the
city of Wilmington. as the clerk Of
the peace is directed so to do for
general elections q"
Il will be observed from these quo
tations that il is necessary to refer
to the Revised Code with respect 10
general elections before you can pro-
ceed intelligontly under this act. In
%. H.
two acts together. For instance, the
act concerning general elections pro-
vides that the certificate of nomina-
tions shall be filed not less than 20
days before the election. while Sec
ton 10. of the act relating to city
elections provides that such certi-
ficate shall be filed ten days before
the election. While I think il would
be better practice and very much
safer to file the certificate 20 days be-
fore the election. it does not seem
clear TO me that the act relating 10
the general elections repeals or in
any way affects the provision for fill
ing the certificate ten days before the
city election.
The particular difficulty. however
in the Citizens League matter is that
Section 10 provides:
"That if any new political party or
parties should be formed after the
said general election. and within 20
days prior to the said municipal cleo
tion. the said party or parties shall
present their device or devices prop
erly certified TO the Department Of
Elections within 20 days prior to the
said municipal election
This is applicable to the Citizens
League partv because il is a new