Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1894-10-11
THE DEMOCRATIC POSITION UPHELD

Argument oil the kepubiican Application
for a Mandamus to Compel Election
Registrars TO Register Those Whom
They fsefuse--The Court Refuses the APP
plication-Fuli Text of the Opinion.
Special Correspondents OF Gazette ana journal
GEORGETOWN, Oct. 6.-The man.
damus election cases were called for
argument at IL o'clock yesterday.
The first petition read was signed by
Clarence W. Hastings, asking the court
to issue q mandamus compelling John
#. Henry, registrar of elections in Little
Greek hundred, to place the name of
Hastings on the registration list as
qualified voter According to the petit
ton Hastings has been resident of the
county for 80 years, and holds tax
receipt dated January Goth, 1894, and
was refused registration on this receipt
by said Henry either as qualified or
partially qualified voter without the
registrar stating reasons for refusal.
As soon as the petition was filed Will
liam II. Boyce, one of counsel for
the registrar, made motion to dis
charge the rule without taking tes-
timony, on the ground that the reg
istrar had determined the right OF Hast
ings 70 register before refusing him.
being a judicial oificer,h the counsel
continued, 1--WE hold that the court will
not issue u writ of mandamus.n
Counsel admitted refusal to register
either as qualified or partially quail
fed voter, and asked the court not to
compel him to perform other duties.
They claimed that the man has chance
10 apply before the registration board
aud then have his name placed on the
| list.
"fhe court understands" said Chief
| Justice Lore, "that in the first case this
i a judicial officer 10 performance Of
his duties. Secondly, the statue pro-
yides an adequate remedy"
| j. Francis Bacon began by asking
| specifically to have the mans name
| placed on the list, as it was contrary to
| the spirit Of the constitution to deny II
man suffrage when he met all the re-
quirements and especially when having
paid his tux within two years would en-
title him 10 be registered, II he met all
the other requirements.
The other counsel in the case were
John NJ. Richardson and Charles f.
| Richards asking for tho mandamus
while r G. White and Charles W. Cul,
len opposed it.
Mr.. Richardson contended that there
was no other adequate legal remedy than
amandamus.
The court suggested that it might be n
case where the registrar had not dis
charged his duty properly. In such an
event he would be liable to fine of
$500, three years in prison, or both, in
tho discretion Of the court.
Lawyer Richards here suggested that
in that event the man Hastings would
not have his redress and would be de-
priFed of the right Of suffrage by IL
registrar failing to perform his duties
| properly, the fine being no compeM-
sation to the loser of suffrage, but a
mandamus would compel replacing
OF the name.
Il. 9. White argued for the other side
denying the power OF tho court to issue
n mandamus, tbs the registrar was a
Judicial officer and not a ministerial one
and that the court has not the jurisdic-
ton. He therefore asked the court ia
discharge the rIle.
Both sides continued the argument,
citing cases after cases, showing tho
jurisdiction Of the court In tho case,
while every legal point involved was
touched upon.
Charles w. Cullen closed the argu-
ment BY citing many instances not be-
fore mentioned.
he court realized the Importance of
their decision and reserved it until il
could hear some witnesses in the case
this morning.
THE MANDAMUs REFUSED.
GEoRGETowN, Oct. 6.-The cour
handed down the following decision
this morning, Chief Justice Lore deliver
ing the opinion Of the court:
! GENrLEMEN: This is a rule to show caust
why writ OF peremptOry mandamu
should not issue at the instance of tile re
lator, Clarence W. Hastings to cpmpe
: john i. Henry. the registrar of Yves
election district Of Little Creek hundred
this county, To place the name of the re
lator OH the registration list of the sail
district as qualified voter of said hun
drcd, The petition sets forth that the re
F, latur is male citizen OF the age of 2
years ana upward, that he has resided il
/; the town oi Laurel i'll The county of SUISSE.
/. and state of Delaware Tor 30 wears; that IN
: has, within Two years. paid Il county tu!
= winch has been assessed at least 81!
! months prior to the date; that he is n ron
anu state aforesaid; and that ON the l5t[
/ day OF september, ~ d., 1884, the relate
: appeared At the place advertised as re
. qured BY law for registration before J1hl
p n. Henry, registrar for the said Yves
Election district, which was the relu
: tors place OF residence and asked I,
4 be registered SO that lie might b
entitled To vote AT the next general election
/ aud at the same time produced and prt
Z scntcd to the said John +. Henry, regis
4 tfIr, tax receipt for county tax that Ii
! had paid ON the 20th day of january. 1885,
I that the said John +. Henry refused !
register the relator as qualified or even q
5 a partially qualified voter in the said We:
: l.iectinn district OF I.ittle Greek hundre
: as aforesaid that the reator being Will
ont adequate civil remedy in the premises
prHyS Tor malIdaHus requiring the sal
registrar to place apUn I he registry OF sal
West Election district of Little Creek hun
!" bred and duly register the name Of the r,
iutOr rs 4 qualified voter in said hundred
n On behalf Of the registrar, motion
/ made to discharge this rule upon ii
: ground that the petition ull its face dot
not show sufficient ground to warrant I'll
u rule.
Le Mandamus is an extraordinary remedy
= to be awarded only where the rcut,
d shows clear right thereto upon the fac
It stated in his petition. The constitution
qualification Of an clectur, such as ii
rratur claims to be is that lie is anna
citizen of the age Of - years and upwar
v having resided within the State one We;
Al Immediately before the election, the la
n. month thereof in the county, where /
Il offers to Vote and having within IN
: Neul1 next before the election paid
y county tax which has been assessed
Y, least six months before the election.
z For purposes of registration the regi
II tration act Of May 18th, lS9l, consttut
Il. Tire respective registrars the sole Judges
NJ these qualifications 81 voters, subject
N | revision and cOntgnl by the Board nl Rnr