Year: 1878

THE SCHOOL ELECTION CASE.


The only Journal which appears to man.
ifest any interest in the school election is
Every Evening". It's treatment of the mat
t.r is Iaudable in so far as it condemns
frlud, but its advice to the Board, if fol-
lowed, will result in the doing of a wrong
as compared with which fraudulent count
in the 9th, or any other Ward, would be
venial. We know of no greater wrong
that could be possibly perpetrated by the
Board of Education than its assumption of
power to try contested election. As We
have no feeling in this matter other than a
desire to see right and justice prevail, we
claim respectful consideration for the
views which we here present, views, the
result of an honest, careful, and exhaustive
study of the case now before committee
of the Board. The grant of power to the
Board is embraced in one sentence, "The
Board shall be judges of the election of
their members" This grant must be read
in connection with the sections immediate
Iy preceding it, as found in the digest of
City Ordinances, page II:


SEC. 1O0 The voting shall be by ballot.
School voters must vote in the ward they
reside in, and only for member or mem
bers from that ward.


Sec. l01. The inspector and assistants
shall. Immediately after counting the
votes, make out and sign Two certificates of
election; and within two days after such
election, shall deliver one of said certif-
Gates to the Secretary of the Board, or to
the member elect, and the other to the
Clerk OF the City Council. The Board
shall be judges of the election of their
members.


1t is quite evident that the power Of the
Board is here limited 20 the seeing, if the
forms of a members election were complied
with "a fact to be determined by the certificate
of the Inspectors holding the election, and
no more. If it were intended to give it
power to determine contest the functions
10 do 80 would be at the same time granted,
to wit, the right to issue subpenas, swear
witnesses, etc. The Legislature did not
intend to grant any such power, as it may
be observed, the only case in which the
power to administer an oath is specially
granted and set forth in Section 96, as fol-
lows:


Sec. SO. Each member before entering
upon office shall take an oath or athrma-
ton to perform the duties of his office dill
gently and faithfully, according to the best
of his knowledge and judgment. Such
oath or affirmation may be administered
by the President, Secretary, or any mem
Der of the Board, as well as by any officer
of law authorized to administer oaths or
affirmations.


The Legislature in so granting the func-
ton in the foregoing section,-reuders it
clear tn at when not granted in any other
case, they are withheld. 1t will be argued
that the power Of Congress, and of the Leg
stature of this State to determine the right
of one of its certified elected members to
to SIT; furnishes precedent for the Board.
This is too wild an argument to be serious
ly advanced las there is no analogy between
legislative bodies existing by ccnstitu-
,ional" light and those created by "stat-
ute" law, such as the Board of Education.


Even in the case of Congress and our
Legislature, the grant Of power, irrespect-
i've of their widely different source, is inf
nitely larger than that conferred by statute
upon the Board Of Education. The words
If the Constitution of the United States,
and that of Delaware are identical the
houses "shall Judge Of the elections, re-
turns, and qualifications eff its own mem
bers," thus embracing the limited power
given to tho Board of Education, and the
further one as to returns" and qualifica-
tions. The committee now sitting is ex-
aiming the "relurus," apower not granted
to the Bard, and ia 50 doing they are
acting as illegally, and in as wicked a vio-
Iafion of common right, as If it attempted
to hold session of the Superior Court at
New Castle.


1t will not be contended that our City
Council is not body of more dignity and