Smyrna times., 1931-05-06
KENT LEVY COURT CONTEST
E. HI. Donovan Contends Proper
Count Would Have Elected Him

E. HI. Donovan Contends Proper
Count Would Have Elected Him
In the Superior Court at Dover
last Tuesday, James L. Wolcott,
attorney for Edward H. Donovan
Democrat, contesting the right of
Thomas Jackson Snow, Republican
to hold the Office of Levy Court
commissioner of the First Levy
Court District of Kent County
elected last November, asked for
the dismissal of Donovan's petition
which was granted by the court
Mr.. Donovan in an interview after
the petition to dismiss had been
made and granted had this to say:
''The primary reason for contest
ing the election of Thomas Jack
son Snow for the Office of Levy
Court commissioner was the fact
that % ballots cast in the Second
Election District of the First Re
preventative District were not
counted. These ballots which were
improperly rejected, if counted,
would have shown me to have been
elected. When the facts became
known, 1 was urged by leading
Democrats to institute proceedings
to determine who was entitled to
the office. 1t was urged upon me
that the contest was not solely an
issue between myself and Mr.. Snow
but was a matter in which the vot-
ers who supported me were inter
ested. For that reason | institut-
ed contest proceedings. Il i'm in
formed that the condition of the
ballot box of the Second Election
District shows by inspection that
after it was delivered by the cleo
tion officers to and while in pos
session of the former Republican
Sheriff Massey the seal was broken
and the tape around the box cut OF
broken in two places and tied to-
gether again, proving conclusively
that the box had been tampereC
with after it left the election Off
GERS and came into the possession
of said sheriff. This box when il
was before the Board of Canvass
showed the same condition as il
was when it left the election offic-
ers. my attorney advised Sheriff
Massey who had custody of the box
to put it in the Farmers Bank sc
that it would not be further mo.
Tested. There was another reason
for placing the box in the custody
of the bank, namely that should
the box come into the possession
of any person who ran on the same
ticket with me, it could not under
the existing law be used as evid-
ence in the contest. Sheriff Smith
the incoming sheriff, who ran with
me on the Democratic ticket under
the law would automatically come
into possession of the box. Sheriff
Massey knowing these conditions
put the box in the Farmers Bank
For some reason the box was taken
from the bank by Sheriff Massey
just previous to the expiration OF
his term of office and placed il
with other ballot boxes in the base
ment of the Court House SO that il
with the other ballot boxes came
into the possession of Sheriff
Smith. Under the law the box
therefore cannot be used as evi.
dence il my contest. Il would
have liked the box to have beer
( opened and the result of the cleo
ton judicially determined, so that
the will of the majority Of the vot-
ers as expressed at the polls might
have been ascertained II unhesi-
/ tatingly feel from the information
which has come to me that had q
proper count been made, I would
have been declared elected. I de.
cided, even though 1 am sure that
I was legally elected, under exist
ing conditions to withdraw my
contest"