Evening journal., 1896-11-12
THE PETITION IS HERE.
Kent County Addicksites Be-
gin Their Fight.
ARE AFTER A WRIT OF MANDAMUs

PAPERS BROUGHT UP FROM DO
YER THIS MORNING SPECIAL
SESSION or THE SUPERIOR
COURT TO BE ASKED FOR-THE
LAWYERS IN THE CASE.
The Union Republicans Of Kent
county will make determined en-
deavor TO secure recount of the Off
cial vote OF Kent county hoping thereby
to secure the legislative members, Con-
stitutional Convention delegates and
county officers. including the members
of the Levy Court.
Papers necessary for the proper con-
duct of mandamus proceedings I'm the
Superior Court have been prepared in
Kent county and were brought to III.
H. Ward and Walter II. Hayes, the
Wilmington attorneys for the party. to-
day by William 7. Smithers. of Dover.
one OF the lawyers in the case. They
were drawn by James Pennewill. Be
niah Watson and Mr.. Smithers. OF the
Kent county bar. with Edward Ridgely,
Sr., Honest Money Democrat, consult
ing counsel.
Messrs. Ward and Hayes and their
associates will ask for a special term
of the Superior Court for the purpose
OF asking for an alternative writ of
mandamus to compel the Board Of Cam
vass, Of Kent count. to meet again and
make recount of the votes including
those polled In the hundreds and dis
tricts thrown out by the board at IT'S
sitting
Should they be successful in the pre-
liminary STEP rule will issue
compelling the Board of Canvass to
show cause why the writ of mandamus
should not issue against them. and
the case viii be heard on It's merits af-
ter the alternative writ has is
sued. The matter Of the time for such
hearing will be discretionary with the
court, and it is optional with the chief
| justice as to whether a special session
shall be granted with the regular term
so near az hand
An Evening Journal reporter met
Mr.. Smiihers at Tenth and Market
streets at 1890 O'Clock this afternoon.
He said.
Il came up this morning and brought
the papers directly from the prothono-
tary of Kent county. Under the law
the chief justice has the right to call
a special session Of the Superior Court
| II he believes the circumstances war
rant IT, Our petition Is voluminous,
covering 40 pages and setting forth
all the facts. each case being taken up
separately. necessarily. Il simply asks
that the chief justice call special ses-
sion and that a rule Of mandamus is-
sue compelling the Board of Canvass
10 show cause why there should not be
a recount Of the vote. / have an ap-
pointment with Mr. Ward for ! o'clock.
We will present the petition to the
chief justice as soon as we find him,
and after he has read the petition,
which Will take him some time. he will
] doubtless give us his answer"
Ex-Secretary Of State John f. Saus-
bury, OF Dover. was In town to-day
and was seen on Market street by an
Evening Journal reporter.
I'VE have as yet no official notice of
a suit he said. when asked who would
represent the Board OF Canvass. "But
/ suppose the whole Democratic bar of
Kent county, principally Most nAely
John b. Pennington, r. r. Kenney and
James Hughes
Il is contended by the Democrats
that the contestants have remedy by
quo warranto or by contest under
statute and that the court should not
hold an extra session in Kent. Fur
ther than that the contention Is made
that the Board of Canvass has acted.
made certificates of the result. adj
journed unanimously and the certih-
Gates have been sent to the officers, as
required by law. If the board should
be reconvcned It would have no power
to act and the writ would be useless