Smyrna times., 1896-11-25
THE DELAWARE ELECTION.
A Mandamus Against the Kent Board OF
Canvass.

Mandamus Against the Kent Board OF
Canvass.
On Thursday last the special session
of the Superior Court met in Dover
and issued an alternative writ of man
damus compelling the Kent County
Board of Canvass either to meet on
Monday last at noon in the Court
House and re-canvass the vote cast at
the recent election or to appear before
the Superior Court on the Tuesday
following and show cause why they
had not done so.
Counsel for the Democratic majority
ON the Board made a hard fight to
have the case go over until next Fri
day, but the Court decided that the
time was too long. Ex-Chancellor.
Wolcott, however, won his point against
the Republican lawyers, who tried to
have the whole matter of re-canvass
settled next day.
In announcing the decision of the
Court the Chief Justice said that the
case was an important one and that
every opportunity should be given the
respondents to prepare their answer to
the petition for a recount, but at the
same time the Court believed that the
matter should be decided as speedily as
possible.
The little Court room was jammed
during the entire proceedings, poll
ticians fOcking to Dover from all parts
of the State. Republicans, in addition
to Mr.. Ridgely, were represented by
H. H. Ward and Walter H. HAYES. of
Wilmington, and William T. Smithers.
James PenneYill, George NJ. Jones
and ex-United States District Attorney
Watson, of Dover. The Democratic
counsel were ex-Chancellor Wolcott.
ex-COngressman Pennington, General
X. K. Kenney and James H. Hughes.
After the preliminaries had been dis
posed of Mr.. Jones announced that the
Republican members of the Board of
Canvass were ready to abide by the de-
cisiOn of the Court. Chief Justice
Lore asked if the Democratic members
had any answer to make.
After long consultation between ex-
Chancellor Wolcott and H. H. Ward
Chief Justice Lore announced that the
Court was a unit upon the practice in
mandamus proceedings. Upon the re-
turn of a rule to show cause why
mandamus should not issue, exception
may be taken to the insufficiency of the
record. If the respondents see fit they
may answer the rule and proceed at
once. They may, hover, take an alter
native writ. The question of when
this writ shall be returned is discre-
tiOnary with the Court. When the
writ is returned and the respondents
file their answer the case may be
argued The Court announced they
would hear application for the writ,
and when it should be returned.
Mr.. Pennewill said the petitioners
were ready at any time and wished
speedy hearing.
The petitioners for the mandamus
We're candidates on the Republican
ticket in the county at the recent cleo
tiOn. The defendants were inspectors
of election in several of the districts in
III the county.
The petition declares that no cleo
ton was held in the Eastern district of
Duck Creek hundred, and that in West
Dover hundred an election was held,
but no return was made to the Board
Of Canvass. 1t is charged that at the
meeting of the Board of Canvass on the
Thursday following the election the
Board did not publicly,i in the presence
of electors, ascertain the state of the
election throughout the county by cal
culatlng the aggregate vote cast in the
county for each candidate or the vote
cast i'll each election district, but on
the contrary refused to ascertain the
state of the election throughout the
county by counting all the votes, al
though requested to do so.
On Monday narrow margin of one
vote the Board of Canvass was pre-
vented from making a recount of the
vote cast at the last election. Under
the order of the Court the Board of
Canvass was to assemble at noon. At
the appointed time the six Republican
members were on hand, and with them
was George H. Walker, a Democratic
member from East Dover hundred.
There are 16 members of the Board.
and this made seven present. Had an
other Democratic member appeared.
Sheriff Shaw, Republican, who is the
presiding officer, could have voted,
and the recount would have been made.
Yesterday, Tuesday, the day was
spent i'll argument, Mr.. Pennington
presenting eight seperate motions with
reasons for the quashing of the motion
of mandamus. He cOntended that no
inspectors having been legally elected.
there was no ground for any legal
action against the defendants. The
lawyers for the Office holders wanted
to argue each motion, but the Court
limited them to two hours on each
side. H. H. Ward made a very strong
argument for the mandamus compell-
ing the Inspectors to sign the returns,
and was followed by J. L. Wolcott on
the other side. The Chief Justice
then adjourned the Court until 9
O'Clock this morning.
The People Need The Church.