The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1896-12-04
NAUDhMUS
PROCEEDINGS
Tho Contention Of tho Republicans
Upheld.
Will CANVASS EiNTs VOTE
The Demodats Take an Appeal,
10 the Court of Errors and
Appeals--The Feeling
in Kent.

DOVER, DEL, December g.
The condition of the Union Republicans
in the Kent Count Mandamus cases was
upheld by the majority of the superior
court In Its decision yesterday. Chief
Justice Lore and Judge Cullen agreed in
granting the pereInptory writ of Manda-
mus compelling the Board of Canvass TO
meet on December and count the vote as
it was returned. The writ is made re-
turnable on December 12.
In rendering the decision Of the court
Chief Justice Lore said that tho grounds
of the Board Of Canvass for throwing out
the vote were frauds and Irregularities in
the election With this, howevever, the
Board of Canvass had nothing to do. Its
duties were purely ministerial, to count
the vote as it appeared upon the election
certificates It could only judge whether
the certificates were genuine. Tho cast
ing out Of 1000 Of the 6a20 votes returned
was practically disfranohising that many
voters without cause. If the Board had
counted all the votes no one would have
suffered, as there is ample remedy. Con-
testing candidates for the Assembly could
have made their appeals to that body and
the other agSrieved candidates could have
appealed to the Courts. To insist that
these candidates would have no remedy
would be to admit that anarchy existed in
the State.
Tho Court dismissed the plea that the
inspectors had not been properly selected
and also that tho Board of Canvass was
officially dead.
Judge Grubb in his dissenting opinio n,
agreed with the ujority as to the minis
terial duties of the Board OF Canvass, but
held that the petition of tho Republicans
had been improperly prepared. There
was nothing in the petition to show that
a certificate for the election in West Dover
Hundred had ever been made out. No re-
turns were made from that hundred,
Members of the Board, Judge Grubb held
should haye applied for writ Of mandan-
us to compel u return from that hundred,
and then the present proceedings could
have been brought.
The Democratic attorneys secured writ
of error and appeal returnable on the third
Tuesday in January.
The people of Kent county are deeply
incensed at the attempt to steal the
county. A mans blrthright Is u sacred
thing, and when politicians come in and
by one powerful act of fraud steal away
count the returns then only cool heads
eau keep the disfrenchised men from com.
mltting acts Of violence
The people are angry over the selection
by the Constitutional Convention of the
delegates from this county. The Repub
licans were not consulted but in order to
keep Beniah Watson and two others out,
the compromise was made. The total
vote for the Republicans was; John B.
Cooper, $500; a. X. Cole, 3545; G. H. Muir
ray, 35i3; Paris T. Carlisle, 353i w. Fl.
franklin, 1886: John W. Herring, $685.
ID. S. Clark, 1887; w. T. Smithers, 1878;
J. =. Aaron, 1871; Benah Watson 1856,
and the vote OF the Democrats was; VIM.
Salisbury, 1885, Charles G.. Harmo nson.
31iS: E. +. ODay, 3l46.
L. L. Sapp, 3li5; John II. Soabin ger,
e14?; E. W. Cooper. BAL; D. V. HutchiDs,
3l41; w. r. Cavender, 3l40; X. II. Ken
ney, 313S; N. Pratt, 3135.
The Republicans seated were D. S.
CLARK, W. T. Smithers, G. H. Murray,
Paris n. Carlisle and J. w. Herring and
the Democrats seated were w. Il. Caven-
der, William Salisbury, L. l., Sapp,
Nathan Pratt and +. w. Cooper.
Unless special session of tho court is
held the General Assembly will have met
and considered the contested cases before
it meets. In the state Senate it Is likely
that tho Democrats will refuse to scat
Alice and then it is safe to say that no
Democrat will be seated as United States
Senator.