Smyrna times., 1941-12-04
KENT ELECTION
CONTEST OVER
Contest For Office of Kent
County C0mptrolle Dis
missed in Court
ELEVEN-VOTE MAJORITY

The election contest for the office
of Kent County Comptroller was
dismissed by Judge Charles L. Ter
ry, Jr., in Kent County Superior
Court Friday. Elijah S. Hughes,
Democrat, will continue in that of
fee. The petition instituted by
Frank P. Walker, Republican can
didate, was held inadequate and it
was further held that the proper
procedure preliminary to argument
of the alleged unconstitutionality
of the soldier voting law was not
followed. Deputy City Judge P.
Warren Green, Wilmington, and
Deputy Atty. Gen. William j.
Storey, Dover, counsel for Walker,
contended that the votes of the
members of the Delaware National
Guard, cast at Camp Upton, N. Y,
should be rejected as illegal votes.
Failure of Petition
Hughes, represented by Howard
E. Lynch, Jr., Josiah o. Wolcott,
u. S. District Atty. Stewart Lynch
and Daniel l.. Herman, maintain
ed Walkers petition failed in court
because it did not set forth, first,
the names of the election officers
favoring acceptance of the soldiers
votes; second, whether such votes
were challenged by duly accredit-
ed challenger of the party of which
the contestant was a candidate,
and, third, whether all of the cleo
tion judges present at the polls
concurred in receiving such votes.
Walker instituted the contest fol-
lowing the election of November,
1910.
11-VOte Majority
With the inclusion of the soldiers
vote, Hughes was declared elected
by II votes. Had the votes been
excluded, Walker, who received 26
as aaginst 81 votes for Hughes
from the soldiers, would have won
by IA. Answering the three objec-
tions filed by Hughes to his petit
ton, Walker advanced as his rea-
son for not supplying in his state
ment the allegations which Hughes
complained were lacking, that in all
probability, if an accrediated chal-
llenger had appeared at Camp Up
ton, he would have been denied ad-
mission for the purpose of contect-
ing the votes. Counsel for. Walker
cntended that, since Paragraph
2019 of the Code gave to him SUBJ
stantive right to contest on account
of alleged illegal votes, if his state
ment meets as many of the re-
quirements of 2023 of the Code de.
fining the procedure to be taken as
he is able to set forth, such state.
ment should be construed to be ir
compliance with 2023 and his right
to contest should not be denied
They also set forth that the Law
states challenge had to be exer
cised by a duly accredited challeng
er of the party of which the con
testant was a candidate, and con
tended that portion is unconstitu
tional in that it violates the STATE
Constitution as, they argued, tn,
right to challenge could not be re
stricted or limited as this right cal
be asserted by any citizen of tn,
state.
Accredited ChaIlengers
Walker further contended tha
since Article 4, Chapter 60, Revised
Code, does not provide for accre
dited challengers, that necessity di,
not require the presence of accred
tied challengers, and, consequently
his petition, or statement, shoult
be construed to be in compliance il
other respects. Judge Terry sail
from the bench that while he wa
announcing his decision, his opinion