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

IL Is Ipaue tne express uuty OF Such DOafu
to make such entries and correction.
There is, therefore, q statutory and AIDE.
quate remedy for the person aggrieyed
that meets this case as presented by the
reator.
This being so, q mRndamus ought not to
be awarded, but even IL the case had been
sufficiently stated OH the petition of the
relator and even il no adequate remedy
had been provided by the statue, the ques-
ton would still confront us whether these
registrars are not acting judicially in
passing upon the citizenship, age, resi-
denee and pay ment OF tax by the appli-
cant for registration.
In the case Of freeman VS.. the Select
men of New Haven, "a Conn.,, page 415,
where duties similar to those of registrars
under our Act of Assembly were imposed
upon the seleetmen and Town Council, the
court says;
Thus it will be seen that these duties
are not merely ministerial, and il they are
not judicial in the strict sense OF the word,
they certainly require the exercise of
judgment and discretion, and it is incon-
sistent with the spirit of our free institu.
tons that the exercise of such Judgment
and discretion should be controlled by
any other person,
These officers are responsible to the peo-
pie for their action and so long as they act
fairly they are and ought to be indepen-
dent of all other control.
Ii they act wantonly and maliciously
they may be liable to the party injured,
but not in this form of proceeding,
After reviewing the case at some fur
Their length the opinion ended with the
order of the court denying the man
damus.
The opinion was concurred in by all
the judges.
THE LICENSE APPLICATIONS,
GEORGETOWN, Oct. S.--The attraction
here Saturday was to hear the decision
OF the court in the mundamus case,
while hundreds came from miles around
TO witness the whipping OF prisoners
and watch those standing in the pillory,
The victims were; John Mitchell, 70
lashes and stood in pillory one hour;
Noah johnson, colured, larceny, 70
lashes; William Wright, colored, lar,
ceny, 10 lashcs; George Evans, colored
larceny, 20 lashes; Nathaniel Jingle
colored, larceny, 10 lashGs.
| The sentence was RENTED in the case
OF Edward I5artnett, VINO would have
received 90 lashes and stood one hour IN
the pilory. He and John Mitchell were
convicted for breaking into the store oil
Bali 4 Culver, at Bridgeville When
John Mitchell was brought into the jail
yard to receive his sentence there were
at least 800 people crowded together tt
witness the affair. Very few We're towns
people, being mostly from the country
and they witnessed for the first time thi,
peculiar scene. Mitchell was first placed
in the pillory and assisted the sheriff il
arranging the stock, box on which BIZ
could stand being too short to be prop
erly placed In position. He seemed Il
think very little Of the situation, but al
the time wore on it became evident tina
no was suffering terribly by being 81
long in ont position.
Iingle, johnson, Evans and Wright
were put to the whipping post Will
Mitchell stood nearby in the pillory
On all four Of the men the blows wert
hard and we'll directed. They TWISTED
and put their backs and shoulders in al
kinds of positions and showed grea
relief when the last blow had beef
struck,
Mitchell was taken from the pillor,
and placed To the post and received 2
lasbes with considerable nerve, hardl,
tlinching when the first blows wer
struck. lie was seen in the Jail afte
the occurrence and said he preferre
the whipping to standing in the pillory
A photographer attempted to get pic
lures Of tue affair but the sheriff oh
jected. While the camera was turneC
on Mitchell he lowered his head so tina
his face could not be taken.
| Four will be whipped next Saturday
three Of whom stand one hour each i
the pillory.
The court took up the license case
Saturday morning and granted the fol
lowing:
James C. Bostlc, Cannon House
Laurel.
J.. j. Lightcapp, Harris Hotel, Milton
benjamin +. Gray, Ponder House
Milton.
Frank Burton, Hotel Rodney, Lewe
J. d. Windsor, Windsor House, Mil
ford
William R. Hazard, Laurel Hous,
Laurel.
Lincoln G. johnson, Virden Housc
Lewes.
Druggists liccnses-H Henry Raync
and William +. Blackstone, George
town.