Year: 1878

The City Council has the right of judg-
ing and determining a contested election
Of a member of its BODY, but it will be
observed that it is given to it by express
and positive enactment and even the mode
of procedure pointed out, thus:


Sec. %. If any candidate for any of the
Offices before mentioned, shall choose to
contest the right of any person proclaimed
to have been elected to such office, such
candidate shall, within thirty days next
after such election, cause to be presented
to the City Council his pe,ition,i writing,
setting forth particularly the grounds ard
specifications unon which such election is
contestt d, together with an affidavit that
such petition is not for the purpose of
vexation and delay, hut that he does verify
believe that he has just ground for con-
testing such election. and shall also at the
same time cause TO be delivered to the
person who election is contested, true
copy of such petition. Upon the filing of
such petition and affidavit, The City Coun-
Gil shall appoint day, not less than ten
nor more than fifteen days from the filing
of such petition and affidavit, for hearing
and etermining the same, giving public
notice thereof in two newspapers published
in the city of Wilmington, if so manv be
published at the time; and upon the day
appointed for such hearing, the said City
Council shall sit in the City Hall, and, in
in the presence of such citizens and others
as may choose 10 be presen', shall hear the
allegations anl proofs Of the parties, and
shall determine according to the very right
of the matter. Evidence shall be confined
to the grounds and specifications set forth
in the petition. The City Council shall
have power to issue subpenas, signed by
the P, esdent of the Council for the time
being, and attested by tie clerk, for persons
and papers, to administer oaths and affirm
alions, to examine witnesses, to inspect the
returns of the election, and if necessary, to
open the ballot boxes, count and tally the
votes. and to do all other things requisite
to arrive at full and perfect knowledge as
10 the right of the case. The decision of
tho City Council, signed by its officers,
shall be published in two newspapers
printed in the city of Wilmington, and
shall be final ard conclusive.


1t is difficult to believed that the Board
will persist in the usurpation of power
not granted it; if it does it sets an exam
pie that may some day be followed to the
entire destruction of the school system in
this city. One thing the Board can 90,
direct the prosecution of the fraudulent,
voters in the way pointed out by law if
they fail in so doing it deserves grave cen.
sure.


Martin Farrell may have obtained his
certificate by the ballots of unqualified
voters, and if the fact be proven in legal
way, he ought to resign. The Seventh
Ward election was, we are informed, held
by an alien, at least, by nom voter; if so
it is most decided violation of law, and
the Board, if it exercises usurped functions,
should at once set aside the election, if the
members do not resign. Respect the law .
free communities like our have their great :
est danger from just such usurpations, Ito
reach just conclusion,) as the one We
condemn.