Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1894-11-01

day one would think that the mandamus
case had caused considerable interest in
this county. As was stated in yester.
days EVERY EVENING, the defence
was not ready at the opening of the
morning session of court and it was
postponed until o'clock.
Court was called promptly at 8 o'clock
and Chief Justice Lore asked if tho
defence was ready to file an answer in
the eight cases filed by the petitioners.
General Il. X. Kenney arose and read
the following answer, which was filed {:
2. That the said respondents admit the
tacts as set forth in paragraph one of said
petition, except so much thereof rs states
that the said petitioner had paid county
TAX within two years prior to the 9th day
OF November, A. d., 1894, which had been
assessed against him more than six months
before the said 9Th day Of November. A.
d., 1894, and was thereby qualified to en-
Joy the right of an elector ut the general
election to be held on the said 9th day of
November, A. d., 1904, which allegations
these respondents expressly deny
That the said respondents admit that the
said relator did appear before the said w.
a. G. Hardcastle, registrar of the Eastern
Election district of Duck Creek hundred,
and that his name was entered upon the
said register as qualified voter; but the
said respondents deny that said relator
was properly or legally so registered, and
aver that the name of said relator was i'm
properly and Illegally placed as qualified
voter Oh said register.
). That the statements in the third nara
graph OF the petition of the said relator as
to the filing of an affidavit before the said
board. the issuing Of the notice TO the said
relator to appear and show cause why his
name should not be stricken from the
voting books, and his appearance before
said board are substantially correct Us
therein set forth; but these respondents
deny that the said relator was wrongfuly,
willfully and illegally declared to Be dis.
qualified to vote and to appear as q quail.
he'd voter on the several books of registra-
ton. ami aver that in striking said name
from the said voting lists they acted
within sound discretion conferred upon
them by law.
Thetsaid respondents aver that the said
Board of Registration of which we the
sad respondents were members did then
AND there, acting in our judicial capacity
to decide and determine the qualification
Of electors ut the coming general election
IN tins State, after u full hearing, examin-
ation and inquiry having taken careful
legal advice. and after due consideration,
being satisfied that he was not qualified
voter, did adjudge the said relat0r to be
Il III
the reason for said decision being that the
said alleged tax receipt upon which the
SAD relator secured the registration of his
name us qualified voter waj not u receipt
for a tax such as is contemplated by the
constitutional provision respecting the
payment OF Il tax as qualification of an
elector at the coming general election, the
TAX assessed to the said rela.or for the year
A. ID. 1902, having been returned to and
allowed by the Levy Court OF Kent county,
in March 1898, rs delinquent and thereby
eXtinguished us Il tax and thereafter UNI
collectible, and did draw line through
the said relator's name as written i'll the
column headed "Qualitied Voter" and did
also in the column headed "Remarksn
opposite his said name, wIite the words
-?
As further answer in this behalf the
said respondentsd TO say that they have COM
pleted their work us Board of Registra-
ton; have compared their books of regis
tration after their last day of sitting, TO
wit. October 9th, 1884; have signed their
said books. and have made the necessary
Board of Registration, and the same have
been by the said registrar delivered to the
affidavits and certificates thereto, AS has also
the said - - other member of said
sheriff OF Kent county, as by law directed
to bedone, and that the same are no longer
in our custody nor subject to Our powers
10 inehpers VI suiu BOARD OF heglStfatlOnf
ana we're already delivered as aforesaid
prior to the service of the rule in this case;
and that the said Board of Registration,
having performed all the duties enjoined
upon IL by law. has already adjourned,
and had before the service of the rule in
this case, and is therefore functus otficio;
and that to make any alterations in any Of
said books of registration at this time.
would entail upon them the penalties of
the law set forth in section 20 of chapter
3S. Volume 10 Laws of Delaware.
The answer of the said respondents
would further represent. that having acted
In their Judicial capacity as mem ers of
the said Board OF Registration, they are
advised and believe and hereby expressly
aver that this honorable court has no
jurisdiction in the premises.
The said respondents therefore pray this
court that they may be dismissed with
their reasonable costs.
W. A. C. HARDcAs1LE,
HARRY GRIEvEs,
]. z. CUMMINs.
After the answer was filed Henry
Ridgely, Jr., asked the court to post
pone the argument until this morning.
Mr.. Nields objected and asked that
argument he heard at once.
Judge GrubD stated that if the petit
TONERS were ready they might begin
argument, but the defendants could
have until morning.
Mr., Nields opened the argument and
consumed an hour and half in reading
the different acts concerning taxes from
1860 to 1893. He also cited number of
cases which he claimed were similar, in
which mandamus had been issued.
When he had finished Senator Higgins
gave notice of Nevada mandamus he
would cite in his argument. Nathaniel
b. Smithers will open tho argument for
the petitioners this morning.
REPUBLICANS DESPERATE.
The Republicans in this county are
becoming desperate and are pushing
their missionary work among the negroes
for all it is worth. They have secured
the services of w. H. Butler OF Phila-
delphia and the Rev. w. H. Edwards,
with half dozen aids, all colored, to
address the negroes and keep them in
line. They are also endeavoripg to get
several out of the Jail before Tuesday,
in order to vote them. Some of these
negroes have been tried and sentenced.
Being unable to get rid of s. s. Lacy,
the colored school teacher who refused
to do their bidding, after several un-
founded and untruthful complaints to
Superintendent Tindal, they have al
most demolished the schoolhouse under
the pretense of repairing it. OF course
Lacy was compelled to dismiss his
school and then the repairing ceased.
Lacy brought suit for criminal libel
and Squire Jester held Josh Parker,
Adam Wilson, the Rev. w. II. Edwards
and Jim Rogers in $500 bail for the
recent slanderous utternnces.
Onicials FlocRiue Home.