Daily Republican., 1882-11-17
THIRD EDITION.
THE C1lNTENT OYER.

successor is appointed, thus settling
question which was daily growing int
Importance the longer it rem aimed un
settled
On Wednesday both Mr.. Martin an,
Mr.. Lynch were represented before tn
Governor, Chief Justice Comegy's, AS
sociate Justice Houston and ChancellO
Salisbury, by counsel, Messrs. Higgin
and Bradford appearing for Mr.. Mar
tin and Mr.. Grubb for MIR. Lynch
Governor Hall heard each party pri
vately TO be secure from Interruptions
and that he might the more readily ar
rive at an unbiased ami correct conclu'
sion, Mr.. Grubb was first given al
audience. He claimed that Mr.. Lynch
was entitled to the commission.
OF the two certificates before the
Governor he bad no doubt Mr.. Lynch :
was the legal one. Mr. Martins he con
tended was insufficient and II the GOV
erI or thought Mr.. Lynch rot entitled
to toe commission he thought His Hon
OF should withhold a commission Ia
either aud let the courts decide and is
sue a mandamus reCOnvening the can
Vassing Board.
Mr.. Grubb contended that The Board
had reconstructed its action after dis
covering discrepancy in the Mil
Creek Hundred vote and then decided
to give the certificate to Mr.. Lynch.
While the board was engaged III sign
ing the certificate, he ContendPd that
Sheriff Clark acted illegally in adjourn
ing he board. He claimed also that the
entire board remaining while the Certi-
ficate was being made out for Mr.. Lynch
gave the transaction legality.
Mr.. Bradford was next given an aud.
ience and contended strongly for the le'
Rality of Mr.. Martins election and
certificate from the CanvassiDg Beard.
Mr.. Higgins was the last to speak,
He carefully reviewed the case and
said the duty of the canvassiug Board
was to give certificates to those elected,
not to decide as to the legality of votes
cast.
The aggregate of votes cast being
summed up and majority being found
for Mr.. Martin his certificate was made
out and was signed by eighteen mem
bers of the Board and placed in the
Sheriff's hands. The Board OfCanvass
CoHld not recall that certificate except
by an action of the Board, a majority
conCurriIg. Certificates signed by
seventeen members could not be iDvali-
dated by one signed by sixteen mem
bers. Therefore Mr.. Martins certificate
was complete upon its face,
Mr.. Lynch's certificate was iDcom-
plete and worthless becauseit was sign
ed by only sixteen members, and be
cause it was contrary to the ascertained
majority of nine for Mr.. Martin. A
minority OF Board Of Canvass cannot
make good certificate to candida 9
who did not receive a majority of all |
the votes cast. Mr.. Martins certificate |
having been signed by q majority OF
the Board could not be rSConsidered |
and altered only by the consent of the |
Board, anu that consent was not obtain |
ed. Mr.. Higgins quoted literally from |
law books in support of his position |
and submitted the case, The Governor
then told the counsel for each side that |
he weuld consult with the judges and |
act according to their decision.
The Chief Justice, Chancellor and
associate Justice who with the Cover.
nor constitu ed the Board, were not
long in coming to the unanimous COZ
clusion that Mr.. Martin was entitled
to the commission and tho Governor
Immediately instructed Secretary OF
State WolCOtt, to make out his commits
sion
The following are the official docu-
ments that reached Nj. Martin this
morning:
THE STATE OF DELAWARE.
Office OF the Secretary of state.
DOVER, Nov. Is, 1882.
SIR:-l am directed by HIS Excel
lenCy the Governor OF this State TO tor
ward to your address a commission aE-
pointing you Sheriff of New Castle
County, and writ Of assistance, when
you remit to me the amount of fifty
four dollars $50 the amount of State
Tax and tee for aftixing the Great seal.
Yours very respectfully,
j. l.. WOLCOTT,
Secretary OF State.
THE STATE OF DELAWARE.
To all Judges, Justices, Magistrates
and other officers, freen en- and other
persons whatsoever, within the county
OF New Castle. Greeting:
WHEREAS, By certain commission
belri 1g even date herewith, be granted
tu james Martin Of the county atoI t
said the office of Sheriff of said county
to have and to hold the sane until his
term therein, according to law, shall,
OF course, expire; he behaving himself
well 50 long in said office.
Now Therefore Know Ye, that we do
by these presents require and command
you and each and every of you that
you be aiding and assisting the said
James Martin in all things whatsoever
that 10 the said ofiCe shall in any
wise appe tain or belong,
In testimony whereof, The Great Seal
of the State of Delaware Is hereunto |
affixed.
Witness John W. Hall, Esquire,
Governor Of said State at Dover this
fifteenth day of November in the year
of our Lord one thousand eight hundred
and Eighty Two, and of the Independ-
ence OF the said State the one hundred
and seventh.
JOHN W. HALL.
By the Governor;
JAMES L. WOLCoTT
Srcrct tsry of State.
TINE STATE OF DELAWARE.
To James MartiU, Esq, OF New Castle
County.
GREETING:-KnoW you. That repos- |
ing special trust and confidence in your
knowledge, integrity, prudence and
ability, we have constituted and ap-
pointd, and by these presents DO con-
stitute and ap. ii t,yon the said James
Martin, To Ut Sheriff of New Castle
County ir lieu of PhilipR Clark whose
term Of Office has expired, giving here
by and graz ng unto y"u the said Ja'.
Martin, full po yer and autuo ity to ex-
ecute and discharge said office ot Shtrtt |
in all the several parts, branches tt tr =
Of: aud the keeping of all reCordr,
books, papers, and writings whatsoever
to tho said Office belonging:
10 hold, exercise and enjoy this said
Office, with all teeP, per quIsites, emolu-
ments and aIvalCag-s thence law