Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1915-01-11
Replies
TO WALDMAN TRY
FOR Senate Seat
Continue from Flrst Page.


ier's reply was turned over to the COM
mittee ON elections.
Senator Frazier AYERS that he re-
ceived a plurality of all the votes
cast I'm the Fifth Senatorial District
and that he was honestly and law
fully elected. He denies specifically
that there was any irregularity in
the Second Election District of the
Eighth Representative and the First
Election District of the Tenth Rep
resentative District He AYERS he Is
entitled to 29O votes in the Second
Election District of the Tenth Repre-
sentative District, and that the cleo
ton was held in a regular and law
ful manner.
He denied that any ballots were
cast and counted in his favor by any
person who was not a resident Of the
district wherein he voted and was not
entitled 10 vote. He sets forth that
he Is informed, believes and AYERS,
that the election officers did not re-
fuse TO count certain lawfully mark
ed and legally cast ballots which
would have increased his plurality.
He also says he is informed, be-
lieves and AYERS that the election Of
ficers did receive and count spoiled,
marked, mutilated. and defective bal
lots for Waldman. which. If not count
ed, would have increased the plural
ity of Frazier.
Frazier suggests that the returns
OF the election officers were known to
electors generally, and the contest
ant In particular. prior 10 the reading
| OF the certificates OF election in the
] Superior Court OF Kent county, sit
/ ting to canvass the vote, and before
the time for filing a contest before the
said board Of canvass had expired,
and did file a contest, biased upon
/ frivolous and vexatious grounds, and
the court refused TO entertain the pc
/ titiOn of confession"
He further replies that had the said
contestant filed his petition alleging the
facts as stated in the specifications filed
with the Speaker Of the Senate of the
state of Delaware, the said court. sit
ting as a board of canvass. would have
been compelled 70 have opened and ex-
amined the ballots in the boxes from
the said election Districts that the said
contestant knew as well at the time of
filing his petition before the court. what
Wv N"AA'AAn va AHN NNllNI NNAtH MNNlN
show as he knows now, and that it was
the right Of the said contestant ana
likewise his duty, properly TO have filed
a petition so that the contents of the
ballot boxes could then and there %,
opened and the contents examined ano
counted by the proper tribunals, il ii
truth he rightfully considered he ha,
, received a plurality of the vote OF tn
, QUALIFIED electors.
!. Wherefore. the contestee (Frazier
!, respectfully suggests that he has right
3 fully and lawfully been elected to In,
Z Office of Senator, that this fact is evi
denced by solemn declarations of tn
,, Superior Court OF the State of Della
e ware for Kent county, sitting as
d board of canvass of the return OF tn
n election. and that the contestor'
e. specifications OF the several grouno
Z OF contest are fraudulent and vexa
30 tious. without merit I'm law, faulty 4
~ fact and constitute an unwarrante
of collateral attack on the integrity an
accuracy OF the Superior Court of in
State Of Delaware. all of which
nv respectfully submitted.