Evening journal., 1915-01-07

iesls. Inc RepuDlicanS feel thai Boy
en- was installed to help along the
Democratic schemes
Il is altogether likely that the Re
publican Senators at the session to-
day will take formal action 20 oust
Acting Clerk Boyer Thus far the Re
publicans have not recognized him as
an official, temporary or otherwise, of
thc Senate They claim he has no
right at the clerks desk or on the
lloor, and will formally demand that
he retire unless he does so volun-
tarily
While the Waldman contest of the
scat of Senator Frazier has been side
tracked thus far. il has not been
abandoned. Senator Gormley served
notice TO that effect, while reading a
statement defining the Democratic at
Jitudo, i'm the Senate yesterday after
noon. 1t is generally conceded now,
however that unless the Republicans
consent The Waldman contest Will not
get. very far Under the new Senate
rules adopted yesterday. all contests
must be referred without debate to
the committee on elections The Re
publicans will control that commit
tee.
Not only are the Republicans op-
posed on general principles TO open
ing ballot boxes. after the courts
have passed on the results of cleo
lions. they say, but they have grave
doubts as to whether the ballots have
been tampered with or are in ine
same condition as they we're when
they left the election officers. Three
OF the four election boards that
counted the ballots on election night
that showed Senator Frazier elected
were controlled by the Democrats,
rwho, it is contended, would not nave
given any more votes to Frazier than
the ballots showed
As an upshOt OF the controversy
and snarling over the Waldman con-
test a bin will be introduced i'm the
Legislature providing for the destruc-
tion of all ballots after the judges
have finished the official counts. or
for the impounding of the scaled bal
lot boxes in safe deposit vaults by
the Judges until after the Leeis-
loture meets and it has been de-
tcrmined whether contests VIII be
I filed. William G. Jones, Jr, attor-
ney for the House. will prepare the
/ bill. This method would assure the
/ preservation OF the ballots. If they
are to be preserved, in the condition
i'm which they left the election officers.
Scnaie Down 70 Business.
When the Senate opened its after.
noon session at PAS o'clock. Senators
Anderson and Hart informed Lieuten-
ant-Goyernor Ferguson that they had
notified the House that the Senate
was organized and ready for business.
Senator Hohccker offered a concur
rent resolution providing for a COM
mittoo OF Senators and Representa-
tiyes 10 notify Governor Miller that
the Legislature was organized ana
ready for the transaction of business.
The resolution was adopted by the
House Iieutonant-Govcrnor Fergu-
son appointed Senators Harris and
Hart and Speaker Grantand APP
pointed Representatives Downward.
Short and Hastings
The committee on its return, in
formed the Senate and House that the
Governor had no communication for
the present, but would have Thursday
morning.
Democratic Attitude.
While The joint legislative commit
tee was calling upon Governor Miller
to notify him that organization was
completed. Senator Gormley arose to
question OF personal privilege and
read a speech setting forth the Demo-
cratic attitude in the Waldman-
Frazier contest The statement read
by Senator Gormloy is as follows:
"Mr. President. ! rise to a point
Of personal privilege Section 3 OF
Article II of the Constitution of this
state provides that each House
shall be the Judge of the elections,
returns and qualifications of its own
memhers This right is not only
Constitutional, it is also the basis of
ihe theory of our form Of Govern
ment That theory is that the three
departments OF govornment-thc ex-
ecutivo. the legislative and the judi
cial,-shall be distinct and separate.
To give to the judiciary the power
10 determine the elections. returns
and qualifications of the members OF
the LEGISLATURE would be to put the
legislative department under tho con
troll of the judicial department and
thus. overturn one of the fundamen-
tai principles of our governmental
system.
"The Statute OF the State Of Della
ware expressly prescribes the man
ner in which a seat in the Senate
may he contested.
"A contest in pursuance Of the
Constitutional provision and of the
Statute Of this State was duly made.
and this Senate was duly and law
fully apprised OF this fact The con-
/ tostant was George Waldman. The
scat contested was that occupied by
! Joseph Frazier as the Senator from
/ the Fifth Senatorial District in Kent
( county.
"Tho main grounds Of this contest
were not made before the Board OF
/ Canvass nor could they have been
made before that body.
zone Of those grounds was that an
] error had been made in the count
: OF the ballots for State Senator in
said district. Under these circum-
stances. the plain course would have
been for this Senate 20 have investi-
gated the truth Of the ground by
opening the ballot boxes and counting
the ballots therein. Such action
would have revealed the true state
Of facts and would have given to the
people Of this State an assurance
which candidate has been elected.
Tho Democratic members Of this
body have undertaken to follow this