Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1896-12-24
SPECIAL SESSION CALLED.

Court OF Errors and Appeals to Meet at
Dover Next Monday Morning to Consider
the Kent mandamus Case.
Chancellor John X. Nicholson came
TO Wilmington Monday and received the
petition prepared by Ii. h. Ward ask
ing for special session OF the court OF
errors and appeals to consider the Kent
county election case Shortly before
. l O'Clock superior court took a recess
and Chief Justice Lore and Associate
Judges Cullen and Marvel Of superior
court for this county, together with
Chancellor Nicholson and Associate
Justice Grubb took up the considera-
tion OF the petition in the judged
parlor.
The judges decided to hold special
session of the court of errors and
appeals at the Court House at Dover
Mt II. 30 o'clock next Monday morning.
The court will consist OF Chancellor
Nicholson and Judges Grub and
Marvel.
The petition was made by James
Frank Alleo in behalf OF himself and
| Others. 1t recites tho beginning OF
tho mandamus proceedings on Noyem
Der 10th, and the decision OF the
| superior court for Kent county which
on December Sd ordered pcrsmptory
writ of mandamus against the re-
spondents commanding them TO perform
the duties prayed for. 1t further
recites the taking of writ of error by
certain OF the respondents to the court
OF errors and appeals, and that the
superior court ON December 18th con
sidered said writ a supersedeas to all
proceedings OF said court on said order.
The petition goes on to say 'tIhat
the questions involved and TO be de-
termined 10 said proceedings in error
are public ones relating to tine proper
certitication of the results of the
general election in said county of Kent
for all of the State and county officers.
That all persons elected to the
several offices u whoever they
may be, are now entitled to have
proper certificates of their said election
and TO have and enjoy the said
Offices and emoiuments thereof. That
the General Assembly Of the State Of
Delaware. of which certain of said
REALTORS in said mandamns proceedings
10 said superior court claim to have
been duly elected members at said
general election, convenes on the first
Tuesday 10 January, 1897. That it il
essential to The regular anu lega
organization Of the Senate and House
of Representatives. that legal and proper
certificates of the election of said mem.
bers thereof # Il Il should be pre-
sonted TO said hodies respectively
That the failure or absence of salt
certificates may prohahly lead t.
serious public Inconvenience and re
tard public business.
Therefore that there may be 1
speedy hearing and determination o
said questions raised in said proceed
ipgs in error, which could not be
afforded at the regular sitting of tn,
next court of errors and appeals TO
said State, and deeming it expedien
that the Chancellor of the State SHOULD
call special session of said court O
errors and appeals to meet at Dove
to hear tho writ of error aforesaid, you
petitioner as aforesaid prays:
"That the Chancellor of the State O
Delaware upon the advice and reques
of tho said judges of the court of error
and appeals, shall call special session
; of said court TO meet at Dover upo
! such notice us the said Chancellor sha
prescribe,
After tho judges had considered til
petition Chancellor 'cnolson and As
sociste Justices Cru, and Marvel cor
titled that they deemed it expedien
} that the Chancellor should call
special session Of the court.