Evening journal., 1896-12-04
ORDERS A RECOUNT.
Superior Court Decides in Fa-
vor of Addicksites.
THE DEMOCRATS LOSE NO TIME
THEY APPEAL AND THE RE-
COUNT CANNOT, THEREFORE,
BE MADE UNTIL THE COURT OF
ERRORS AND APPEALS SUS.
TAINs THE SUPERIOR COURT.

TAINS THE SUPERIOR COURT.
Special Correspondence Evening journal. |
! DOVER, Dec 4.-Mandamus pro-
ceedings ended in the Kent county Su
perior Court yesterday quite favorably
to the Republicans. The Democrats,
however lost no time in filing an APP
peal which will hold up the order to
recount the votes until the third Tues
day in January, when the Court of Er-
rors and Appeals will meet at Dover
with Chancellor Nicholson presiding
and Judges Grub and Marvel as his
associates.
The celebrated mandamus proceed
ings which ended yesterday have been
occupying the attention of the court
for several days. The case was brought
by the candidates of the Union Repub-
lican party in that county, who claim
to have been elected, but have been
counted out by the Board Of Canvass
of Kent county refusing to count all OF
the votes which had been cast there.
They applied for a writ of mandamus
to compel the Board of Canvass to
meet and canvass the vote and issue
] certificates according TO the law. This
meant that the vote when cast would
! HAA0W a hAAJOlAAN III AnN AhAbAA ANNiAh
ncans. and that they would receive
certificates of election which would aid
them in the contest which the Demo
Gratis propose to make before the Cen
eral Assembly when it meets.
Yesterday the court, by q majority
decision, issued the writ of mandamus
compelling the board to meet on Tues
day next and perform its duties, but
the counsel for the Democrats at once
fled an appeal and took the case to
Court of Errors and Appeals, where II
cannot be heard before the third Tues
day in January. unless the Republ-
cans should succeed in getting a spe
cial session of the court called for the
purpose, which is extremely doubtful.
as the judges of the court Will be busy
until after that time In the meantime
the General Assembly will have met
and decided the contest to suit itself, so
far as its members are concerned.
Politicians genrally expected the
decision which the court handed down
yesterday. Judge Grubb dissented and
read a long opinion, showing why the
writ should not be granted on purely
technical grounds. The decision of the
majority of the court was given by
Chief Justice Lore, with Judge Cullen
u asserting.
The chief Justice held that the an
swer Of the Democrats filed in the case
p was insufficient. The chief defence
made was that there was fraud at the
last election and that bribery existed
to such an extent that the election was
not q fair one. With this the Board of
Canvassers had nothing whatever 10
do. It's duties are purely ministerial
and all that it had right to do was
to meet and canvass the vote accord
ing 10 law and to canvass all of the
vote The plea that it did not have
all of the certificates before it will not
hold, for the reason that it had the
power TO secure the certificates.
I For this court to give the Board Of
I Canvassers power to throw out votes
would be dangerous. The people who
claim that they were defeated by
fraud have ample redress. The men
who we're candidates for the General
Assembly can carry their contest there
! and the other candidates can take
theirs before the court To admit that
the courts and the General Assembly
. have no right to consider these matters
and would not consider them would b'
. practical anarchy. The court and Gen
. eral Assembly would settle the case.
\ according to law and Justice Il ap
Z pears from the case that Of $50 vote
cast in Kent county only a little owe
! 1900 were counted, and the bOarl
really disfranchised the men whos
votes it did not count. This being tn
s case the court considered it prope
= that the board should reconvene.
u In dissenting with the majort,
, opinion, Judge Grubb agreed that TN
!, powers of the board were as defined b.
II the majority of the court, but declarei
II that the petition of the Republican
a. was faulty and that a writ should no
= issue on that ground. The Democrat
\, were awaiting the decision and ex
IL pected it to be unfavoraDIe Their ap
peal was ready and was filed withil
fifteen minutes after the opinion wa
% handed down.
., Soon afterward the Union Republi
az cans held "a conference and decided {
81 petition for a special session of tn
II Court of Errors and Appeals to hea
OF this case. They also reviewed the sit
r. uation regarding the five bolting mem
re. bers of the convention and decided tha
nu they should remain out for awhile q
rs least.
VOTE OF THE KENT DELEGATION
m Much comment is rife over the S,
lection of the Kent county Constiu
tional Convention delegates, from "a
Republican and Democratic candidat,
,r by the party leaders. They were n'
et seated in accordance to the votes the
nd received.
te The Democrats seated by the COZ
hi yention are. ~. r. Cayender. Willia'
as salisbury. T. l.. sapp Nathan Pra
ar and +. w. Cooper. The total vote ca
at election was as follows. for q
Democrats: William Salisbury, 3,l5'
Charles G. Harmonson. 3.14S; E.
IA O'Day, 3,146; l.. J.. Sapp, 3,l45; Jol
\, ~ H. Scabinger, 3.142. E. w. Coope
bo 8,14l; d. V. Hutchins. 3.l4l; w.
% %at Cavender, 3.14O: r. r. Kenncy, 3,l3
a. n. Pratt, 3135.
:" The Republicans seated were d.
Clark, W. T. Smithers, G. Il. Murra
Paris T. Carlisle and J. W. Herring.
The total vote for the Republics
eW candidates was: John b. Cooper, 3,59
se A. X. Cole, 3.545; G. II. Murray. 3.54