The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1894-11-01
Thu MANDAMUS Case.
The Democrats Claim That the
Judges Of Registration were
Judges of the
LAW AND FACTS
And That the Superior Court Can
Not Interfere With Them
Will the Republicans Get
Even a Respectable
Show in Della
ware?
LAW AND FACTS
warel
WE THINK NOT.

wednesdays proceedings Of the man.
damus proceedings in the Superior Court
Tor Kent county were equally as interest .
ing as Inc first. N. B. Sinlthers for the
petitioners addressed the law in the case
relative to Tho discretion of the registrars
they must comply with the law and
FOLLOW the law. but were It a pure disore-
tlonary matter, this being u higher court
Can reverse their decision. Chief Justice
Lore said IL was proper for tho court to
Issue mandamus to compel any board
created by law Tor particular purpose to
proceed according to law OF to correct
abu5eB.
If these mems actions cannot be re.
viewed, and II they cannot be compelled
to act according to law then writ of
manuanlus is useless. It follows that IL
they made mistake in law then this
Court should correct the abuse.
Gould IL lie pretended that the registrar
opinion oil The law instead OF that OF the
court on u question OF law should stamd2
upon the proposition OF the other side
as gwen III their answer. the decision of
the REGISTRAR was on question of law,
and question OF law as to whether the
tax In question was one in the conte npia-
tlon OF Lie constitution. They have no
right To misJudge question OF law.
1lr. Smithers concluded az ll.20 O'Clock,
ana the respondents open their case. Ex-
Assistant Secretary of state James IL.
Hughes open their case.
Mr. hughes began by quoting the La W On
tho subject OF the creation OF the registra.
tion boards and their duties.
Ihey are clothed with all the powers of
Justice OF ths Peace He claimed tbey
ware Judges OF both the la and the fnct
aud their Judgment is final Under tue
last act tho whole object was to raise rev.
enue for Kent and Sussex counties and
not to give MIN The right to vote. The col.
leolor was given no power to collect the
tax by com puIsion. The act said the men
who owed the tax may" pay it,
Inc CONTEXT tlon was that mandamus
would not be against judicial body, that
1t would not lie against. an oIflcial W bo
10 called upon In the exercise OF his fuIc-
tlun to ihtel pret u stuue That manda.
mus could not be Issued to correct that
Judgment because they acted within
their discretion. lie held that II the Court
ordered tile names put back 1t would be
taking the Judgment and discI elton of
the registrars and put the Judgment and
discretion OF the Court for the registrars
Under the act which creates the Board
OF registration they are required within
three days to oomp pare their looks and de-
liver them to the sheriff. and this having
been done their powers are ended and the
court has no control over them was the
last proposition of the defense.
He concluded his Remarks at Ais
O'Clock. and MIR. Henry Ridgely, Jr.,
spoke for the respondents. He neld that
the petition would not legally claim
mandamus.
Lewis q. Vandegrft spoke for the de.
Tense and argued against tho mandamus
Senator Higgins will conclude to-day and
decision will be given.