Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1896-12-10

inc board OF canvass Is convenient
legal medium of bringing to one COM
mon point the votes of the scattered
election districts; of ascertaining the
aggregate result thereof, and of GER
tifying the result 81 ascertained for the
persons so apparently elected.
In order to ascertain the aggregate
vote cast in all the districts, the in
apectors thereof meet at tho county seat
on tho Thursday next following the
election, and from the certificates Of
election above named, ascertain the
state Ut the election throughout the
county. 1t has been we'll said by
high authority: "Tbeir duties are
ministerial, and they are invested " ith
no judicial power that would enable
them to pass upon toe qualifications OF
voters, or the regularity Of the election.
They can only ascertain the result of
the election by calculating the aggre-
gate of tho votes shown by the certif-
Gates of election returned by the in
spectors, or from the certificates taken
from the boxes under the conditions
prescribed by tho statute"
The board of canvass had power
only to ascertain and certify the vote
actually cast at the election, and had
were legal or illegal votes, or whether
the election was regularly held OF not.
In other words, the board had no
right to go behind the certificates of
the returns of the judges OF election.
The attempt to do 30 was gross
usurpation of the powers vested by the
Constitution and laws of the State in
the Legislature, where it relates to
the election Of members In that body
aud in the courts whsn it relates to
thu election to other offices.
In these tribunals full and ex-
haustive examination Of all the facts
and circumstances attending the
election can he had under the sanction
of law, with all rights carefully
guarded and preserved.
Tho deliberate Acknowledgement of
1902 of the voters of Kent county, by
the rejection of these returns, against
no one OF which voters any charge had
been made, and that, too, by the board
of canvass which had no authority and
in defiance OF the plain mapdate OF the
statute. was clearly revolutionary. and
may not receive the sanction of court
of law. Lawlessnsss at the elections
does not justify lawesspess on tho
part of tho board of canvass, which is
composed of officers of the law, sworn
to obey ii, and agents trusted by tho
people TO enforce it.
| If lawlussness at elections justifies
lawlessness by the board Of canvass,
then so far, electinns are without law,
and are controlled only by fraud. vic.
lence corruption, or IL may be the
| passions engsndered often In hot politi-
cal contests. The governing forces in
such case would he brute force politi-
cal corruption and trickery, and that
part, would hest succeed that could
command and effectively use such
| forces.
The action of the board was not
| justified by the plea OF necessity. If
fraud, violence, corruption and illegality
existed at The elections as alleged and
| the will of the people was thereby de.
feated, the defeated candidate had
ample remedy under the law. If candi-
dates for membership in either house
of the Legislature, they could go to
those bodies for justice; If candidates
for some other Offices, they could go to
the courts OF the State, have the crimes
unearthed and fixed upon the guilty
person, revise the election returns, seat
the persons rightfully elected and pun
ISL tne NlOialDrS Oh law.
1t will not do to assume that the
Legislature or the court would not do
their duty and right the wrongs co.,
planned of. To assume this, would he
| to confess the failure Of free govern
ment, and the abandonment OF govern
ment of law. 1t would, in fact, as
sumo state OF anarchy.
This feature of the defence has been
dwelt upon thus in detail, because it
seems to have impressed itself upon
| the board of canvass, and upon many
other well meaning people as justifi-
cation. 1t is largely the outgrowth Of
the political methods, corruption and
unrest all about US, and is expressed in
| the maxims; meet force with force |;
fraud with fraud; bribery with bribery /;
trickery with trickery. Its prevalence
is menace to our well being as
people. There never was time when
ii so behocved good men of all parties
| to obey the law themselves strictly and
to insist on like obedience on the
part OF all others. Such obedience to
law will etIectually remove this
! threatening danger.
For the reasons above stated, all that
part of the answer OF the respondents,
which relates to Irregularities at the
elections, must he dismissed from fur
Their confederation.
The objection that the inspectors
wero neither legally elected or ap-
pointed is met by the ayerment that
they were duly and legally constituted
such inspectors. The mode of ap-
.pointment may be omitted as sur
p usage, being merely a method Of
selection.
II is objected that the peremptory
writ of mandamus should not be
awarded because it would be nugatory.
That it's command would he to ascer-
tain tha aggregate amount Of all the
votes given in all the hundreds of the
county. That as there appears to be
no certificate Of election for West
Dover hundred, ouch ascertainment, of
all the votes given In all the hundreds
would ho impossible. The answer is,
the writ only requires them to do what
the law required them TO do on the 9Th
of November, which is to ascertain
tho results from the certificates over
which they have full control.
The objection that tho certificates of
election have been delivered to the
sheriff of Kent county, and are no
longer subject to the control of the
respondents, is met by the answer of
the sheriff in this cause, rendering
himself ready to produce the certifi-
Gates Moreover, the power is in the
board to compel the sheriff to produce
| than ehpuld he rafnse IN fo an