Daily Republican., 1883-02-09
THE CONTESTED ELECTION
THE OPINION OF CHIEF JUSTICE
COMEGYs ON THE WRIT OF
QUO wARRANTO.

The following In the opinion OF CHIEF
lusticc Comepya on th. application o,
purpal i. Lynch for a writ of QUO
v,rrauto on James Martin. On nc.
sonnt of the presa OF other matter. and
,he late hour nj which II was delivered
az. were unable 10 publish il in full YES.
urday:
This ia an application by Purnal j.
iynch. who was a candidate for the
ofice OF Sheriff Of New Castle County
AZ In. general election. held on the 7th
day of November last. for rule upon
lanes Martin-also candidate for
mai offic. NJ the game time. and who
having RECEIVED "A certificate of his cleo
don from the Board of Canvass. and a
commission from the Governor, and
also entered into recognizance accord
,Dg 10 law and been duly qualified ac-
rording to the Constitution Of the Uni
rd States and the Constitution and
laws of this State IN in the exercise
,fthe duties Of said officc-to show
cause why an information in the nature
Of n uuo warrapto should not be filed
and writ issued recurring him to
show by what warrant he holds tn.
,aid office. The motion il supported
nv aflidayits.
In showing cause against the rule the
rspondent's counsel filed attidayits in
behalf of their client.
They also took the ground among 9th
.r points, that the afiihayits in support
Of The rule are in themselves insutiicien,
for the plrposc. If that be 40. then
the rule must bc discharged.
There does not appcar to be any svs-
rem of rules with respect 70 at,dayits |
but it nav he taken ~ a fact that i'm ali |
ati,dayits til,,l IA the foundation of pro- |
cedinps to omen elections by ballot and |
inuuire into the right To vote of persons
who did vote tbrrcat, there should b.
sci forth the names Of the alleged illegal
voters, where Illegal voting il the allie
CATION if their names are unknown it
should be SO stated and some mode or
means of Identification piycn-t,r arh.l
reason that the affirmative of the issu.
IN ollo warran,o rf this character ia
upon the respondent Although It NAV
w. sufficient for him. in his plea To the
writ, 10 alegc his commission. recopni-
zancc and qualification by having TAX
en- the oath of Office, vet upon replica
non setting forth facts affrctinp the le-
vality Of votes cast or of the election it.
af, he would le compelled 70 traverse
those facts. ifnntrriai and properly al-
Keyed, and tender issup-the ma,nten-
aucr of which would he upon him
Now, if It were sufficient siInply tol
alleg., in the rcla,or's replication that "A
certain uuanti,y Of or number of illegal /
votes were cast for the r.spopdept at l
certain polls. without giving the names {
|H the voters. how. if the jssue should {
be made up by n traverse of that aver y
ment las it would have to be if sucb an I
aleration IN AN affidavit wcr. sut,icirutl |
xonld il be possibIe for the resuondent I
h. produce the pr,of that sucb uuantitv '
|or part of it was lcpalY lie could not h
do il, except by negative testimony and Y
that will not suprort an ofirmativ. al. e
|pcation. The headings in "uuo war.
ranto" must have the same legal ouali. =
Ines As those in other cases I'm fact from II
the quasi" criminal nat,Ir. of infor. 1
nations thry should have the same .le- y
mpn,s of certainty IA an indictment
And the same Is truc. of co,rs.--of tb. "
afidayits upon which the writ ia fnund. {
ed-,housh no cnns4ouruc, wnuld h, |,
yjycu tn defect of ,ucr, farm IL
Take the cas-. Of anv a0iIavj, as IN.
o1't,''i, "f , y, 'sa process r','l or cr'iIi a
rect ulain and c,rcumst,nti,I ,nnnr.r p
w. I''',' "'n, ,i''u'''S'''',,'al It manner, h
|" o,'r' 10, " Si'o" 'ii' "'i'h''''h. JUST o
.I' .n iit "i'l w, n''''o upon 10 answer 9,
"'' 'l,,s ~ lar'icu'ariy true "here, aS a,
I, ,a'I, 'i'''"' VIC ,. n"'y u" a'S"'r'n ny c'
"'""''',s' ., " 'th"ut l'arllcn,ar Stat"- q,
wy, ,'er' - '' means ny "h'ch dc- u,
nu!n. 'ai' u" more lha,' "'hy the al IL
I@'"''' Such ~ ~ may De- a,
'n' r"la."r IN 'his case charg"S the y,
T'sl'e Oh ''I'tal o",l"tS AZ several vot- RI
~ PAGES pht ne n1ts nor state the .,
|4'"'' "i any '"trr ~hocast thein nor ~,
"S 'ie otiI'r ahlih', ih"Iiias 10y, with q,
EFST't 10 those alirGed by MN to have -,
|N'H cast AZ lIlc tpllS Whtrt he WAS pres :"