Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1896-12-03

nor the bar or suffers will have any
liked principles or practice for theiI
guidance, and all will become engulfed
IN whirlpool of uncertainty and hone
less confusion. Judicial decisions make
precedents for future guidance. Set
tied rules OF law which, according &c
the experiences OF many generations,
have done Justice in the great majority
OF instances, although not in a II owing
to the imperfection Of human ipstru.
mentalities, should not be disregarded
IN the desire to redress an apparent
wrong in some exceptional cause, fol
the precedent thereby created may In
future work great injustice in count.
less cases. 1t is not for this court,
put Tor the Legislature, where it may,
TO alter the law as settled by the de.
llherate adjudication of the court oil
errors and appeals In this State.
ANSWERS FILED.
The answers Of the members OF the
board OF canvass were then filed. That Of
the six Republicans and one Democrat
VINO met in accordance with the order
OF the court is as follows.
| :, And now to wit. this cath day OF
| November, 1886. Erasmus ID. Burton,
inspector of Election district No. l,
EAST Dover hundred; John S. Rowan,
inspector for Third election district oil
| East Dover hundred; Levi g. Steiner,
inspector for Eastern election district
OF North Murderkill hundred; Ben ia
min L. ConweA, inspector for Election
uistrlct No. 2. South Murderkill hun
dred; Clarence Mason. inspector for
Eastern district of Milford hundred,
and Charles Mackliu, inspector for
Weotern election district Of Milford
hundred, for their answer and return
| TO the alternative writ OF mandamus of
tne state OF delaware. issued on the
nth day of November, 1896. in the
ABOVE stated cause, state to the court
here that in obedience to the command
OF said writ, and each of them met with
William ii. Walker, inspector of Elec-
tion district No. 9, of East Dover nun.
ured and Samuel l.. Shaw, sheriff of
hent county, Delaware, at the county
Court House of said Kent county at y
O'Clock, noon, on Monday, the 23d day
OF November, A. D., 1896 That being
SO present they and each of them we're
then and there willing to ascertain the
state Of the election throughout Kent
county by calculating thl aggregate
amount of all OF the votes for each
office, that had been given in all of the
hundreds and election districts of Kent
count for every person voted for for such
offices, and to make together with the
sheriff Of Kent county or other presid
ing officer of the board of canvass and
other inspectors of election aforesaid
under their hand the proper and legal
certificates Of election of the manner
prescribed by the statutes Of the State
OF Delaware for certifying the election
OF the several officers voted for at the
said election on the third day of No.
vember, A. D., 1896; but that a major
ity OF the inspectors of election in
said Kent county being respondents, in
said writ without whose cooperation
these respondents would not act, not
attending, and not being present at the
time and place mentioned 10 said writ
they and each Of them with the said
William ii. Walker, the said other re-
spondent, and the said Samuel L.
Shaw, sheriff as aforesaid present,
as aforesaid remained and con.
tinued at said county Court House
for one hour, when there not being
majority of the said board Of
canvass present at any time without
which these respondents could not act
as aforesaid. they with the others of
said board of canvass then present sep
arated, being unable to act as com
manded by said writ by reason of the
absence OF majority of said respond.
ents. That these respondents admit TO
be substantially true all of the aver
ments in said petition for mandamus
recited in said writ, and do hereby re
apeetfully submit themselves and each
OF them to the further orders of this
honorable court as ready and willing at
all times to do any and all acts which
they or either OF them under the laws
OF the State of Delaware ought to do.
and perform in the premises
The answer OF Mr.. Walker was the
same except that is applied to him
alone.
Sheriff Shaw answered as follows:
And now to wit, this 9th day of
November, D., 1896, Samuel l.. Shaw,
sheriff OF Kent county, Delaware, ons
OF the respondents named in the alter.
native writ of mandamus issued on
November 10Th, A. D., 1896, In this
cause for his answer and return to said
writ, states to the court here that he
admits to be substantially true all of
the averments contained in said writ.
that as commanded and directed in said
writ he was in the county Court House
OF Kent county, Delaware, on Monday.
the oath day of November, a. D., 1886,
at II O'Clock. noon, ready and willing
to attend and preside at meeting of
the board of canvass of Kent county,
which was by said writ commanded to
then and there assemble and ascertain
the state OF the general election held
in said Kent county on the third day
of November, A. D., 1896, in the man.
ner set forth in said writ; that owing
to the fact that there was NOT presenf
majority OF the respondents to said
VIII, he, after remaining for the space
OF one hour at the said place departed
therefrom, he being unable TO further
obey the commands of said writ by
reason OF the absence therefrom of a
majority of said respondents in said
writ named, there being only seven of
said respondents present ut said PLACE
during the time Aforesaid, in addition
to this respondent, and that no il ready
and willing to obey and hereby submits
himself to the further orders of this
court made in the promises" The
answer OF the other Democratic inspec
tors admits that elections were held in
the hundreds of Kent county, excent
the Eastern district of Duck Crack
hundred, and the other districts, which
the Republicans claim we're not can
yassed. In these districts, the answer
denies that any election Was held for
the reason that the voters assistant IN
were chosen from the Union Republi.
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