Evening journal., 1915-01-06
VCTING CLERK BOYER, NOT SWORN IN,
DECLINES TO CALL Mr.. FRAZIER'S NAME

tic election boards showed Frazier
elected The Democrats then filed
contest in behalf of Waldman against
Senator Frazer's election before the
judges sitting in Kent county court
as a board of canvass, and the judges
threw out the contest and certified
Mr.. Frazier as elected Senator by four
majority. No allegations Of impro-
per counting such as now are made
in behalf Of Waldman were set forth
I'm the Waldmen contest filed with
tho Judges, which causes many Re-
publicans TO ask how and when the
Democratic manipulators who are
trying to oust Senator Frazier made
their startling discovery that the
ballots had been SO inaccurately
counted as now alleged.
Throughout the proceedings over
the contest. tho Republican Senators
yesterday were opposed to Il being
acted upon at this time They claim
cd The Senate was not organized. and
could not proceed TO such business
AS to the actual merits OF the con-
test. the Republicans did not get
down to them, they opposing the pro-
ccedings as irregular, out OF ordct
and high-handed
However. The Republican attitude
in tho Legislature generally has been
against going back on the results of
elections as found by the judges sit
ting as q board of canvass. II was
recalled here yesterday that the Re
publicans opposed the opening OF the
ballot boxes In tho Ross-M McNulty
Senatorial contest in Wilmington. the
former being a Republican and the
latter a Democrat, the Republicans
being in control Of the Senate al the
time II also was pointed out that
the Republicans, who controlled the
( Senate at the time. refused TO open
/ the ballot boxes in the Senatorial con
/ test of Magee. Republican, against
/ Jefferson. Democrat in the Fifth dis
/ trict of Sussex county. and allowed
Jefferson to retain his seat. Further
more. the Republicans two years age
opposed. but in vain the opening oI
the ballot boxes in the contest
against Representative Bennett. o
Milford, the Democrats opening th'
boxes and the recount increasing Mr.
Benefits majority.
In the present instance. too. thl
Republicans are opposed to the bal
lot box being opened in the Waldman
Frazier contest, not only because o
adherence to precedents, but also he
cause there is no assurance that tn
ballots are in the same condition the
wefe the night the election officer
made their count and found that MI
TfraufaY. ruau nIaafad Grnufnr
Should the Democrats go ahea
with a recount Of the ballots. the Re
Dublicans claim that no matter wha
the ballots show & will not affect th
Republican organization Of the Sen
ate, as the Democrats lack one vot
of the majority that under the con
stitution can transact business. an
after all. each branch is the judg
of the qualifications and elections q
its own members. In line with thi!
they contend that the Republica
membership OF nine constitutes
valid majority. and that Senate
Frazier or any other member coul
be ousted only BY a majority vote q
all the Senators, which the Democrat
lack.
As was set forth I'm the despatche
late yesterday afternoon. the turn
ing point came when the Republican
rebelleh against the decisions G
Lieutenant Governor Ferguson an
his refusal 10 entertain or put ar
peals made by the Republicans froI
his decisions Several times Lieu
tenant Governor Ferguson eXplaine
p that he had not heard some OF tn
TH-...l.Tfa... s.s.Nfauss hnnurnnr .F loot
ness. At any rate. there was a per
fectly smooth running machine mad
up Of the Democratic minority an
9 the Lieutenant Governor, withou
, whose decisions sustaining them On
Democrats could not have gotten any
where in their spectacular raid {
try to grab control of the Senate.
3 Senator Gormley had offered n
solution providing for the opening {
the ballot boxes of the Fifth Sens
toral district and a recount Of III
ballots. When the question was pr
TO a vote Acting Clerk Boyer. Demo
crat. did not call the name Of Sens
tor Frazier although he called th
names of all tho other Senators
Boyer. whom the Democrats we're S
b anxious TO have as acting clerk, ha
not been sworn into perform his du
! les faithfully Just who gave BoyC
instructions not to call Frazier's nam
Is not known. Certainly no instruG
tions were given TO Boyer publicl
in the Senate. That Boyer had bee
instructed secretly not to call Frai
ier's name was generally accepted. fc
Il fitted in with the Democratic gra
scheme. Senator Frazier proteste
because he was not given a chanC
10 vote Lieutenant Governor Fe
guson ruled that Mr. Frazier coul
not vote because of the contest. I
said the vote was eight to eight, Il
.. and that he would cast the dccidir
vote and declare the resolution ca
ried.
Senator Barnard was on his fe
in an instant. Il appeal from Il
! decision of the chair" he exclaimo
Mr.. Ferguson would not entertain q
/