Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1896-11-26

.eins ~ uehVereu are no longer sub
3ect 70 the control Of your respondents,
and that said certificates being thus
out OF the possession of your respond
ents, and no order being made in the
writ OF mandamus, commanding the
sheriff to deliver them to your respond
eatH. thoy could have no certificates
from which to ascertain the state OF
inc election throughout the county and
issue certificates of election as required
ny law and the mandate Of said writ
in that behalf.'
IN support Of these reasons, Mr..
remington argued until after the noon
adjournment.
Herbert II, Ward Of Wilmington, re.
Piled. He disposed of the first and
second reasops, With respect to the
sheriff, as above stated. To the third
be replied that the inspectors who
composed thu board Of canvass were
etill inspectors, and in the event OF a
special election being called, would
hold said slectiun.
With respect to tho point raised ap
to the Legality OF the election Of the
inspectors, Mr. Ward held that the Pc
tition stated that they were legally
elected or appointed, which is sufii.
Gent for the present. There was no
question that they served as inspectors.
1t was admitted that George A. M ur-
ray was mado a party without him
signing the petition, but Mr.. Ward
held that this did not constitute sulli-
Gent reason for quashing tho Writ. As
to the election in West Dover hundred,
he said that the petition alleges II
times that an election was held In that
hundred. and that the Republicans
had a majority there,
Elk Chancellor James L. Wolcott
closed she argument. He maintained
that the reasons offered in support of
the motion were sufficient, and that
the writ should be quashed.
Court, at 5,30 O'Clock. adjourned
until 8 o'clock this morning, Chief
Justice Lore announcing that de-
cision would then be announced.
NO REASON FOR ALARM.
Lawyers here and elsewhere through
out the State are puzzling their hcads
as to the effect Of the discovery un-
earthed by the defence with respect to
inspectors OF election. 1t has been
Clearly shown that since 1891 there has
been no law for the election Of insectors
of election outside of the city of Will
mingtvn, where they are appointed by
| the Department of Elections. This
fact, some contend, invalidates every
election held since that time, in
| Guiding the election of November Sd.
The effect of such a muddle is i'm
describable.
One Of the most consoling views was
that expressed by Secretary of State
Whiteman. He said the difficulty could
not affect the coming Legislature and
Constitutional Convention, as those
bodies are the sole judges of the elect
| tion and qualifications of their mem
bers, and il they accept the members
| chosen at the last election, it matters
not how they were chosen. And with
these'two bodies soon to be in session,
whatever troubles may arise from the
new complication can readily be ad-
| justed. There is no occasion for alarm.
Dover, Nov. %. AT 9 O'Clock this
morning court assembled and rendered
decision on the motion to quash the
mandamus, in the election case. Chief
Justice Lore read the decision, which
stated that a majority of the court con-
sidered that the objections raised in
the motion to quash the writ Of man
damus should not be raised at this
stage Of the proceedings, but would be
considered by the court when the merits
of the case had been discussed.
Judge Grub dissented and read a
lengthy opinion, setting forth the reas-
ons why the writ should be quashed. |
George M. Jones then filed the
returns of the six Republican in
spectors, Edward Ridgely filed the
return of William ii. Walker, in
spector Of the Second Election district
of East Dover hundred, and r. r.
Kenney read the return Of the other
eight Democratic inspectors.
| The case is now being argued, on the
motion for the mandamus to compel the
board of canvass to compute the returns.