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

prayed Tor by the Republican counsel,
and Issued an order directing the Kent
county board Of canvass to reconvene
next Tuesday and canvass the returns
of the recent election.
Counsel for tho Democratic inspectors
appealed, and the case now goes to the
court OF errors and appepls.
OPINION OF THE COURT.
The opinion Of the majority of the
court Chief Justice Lore and Judge
Cullen-was delivered by the former
as follows:
The application in this case is for a
peremptory writ of mandamus to COM
pei the board of canvass OF Kent county
to recanvass the vote cast in that county
at the last general election, held on the
81 day of November, 1896.
The facts are substantially as follows
At that election tho REALTORS were the
candidates in Kent county Of the Union
Republican party for thu following
Offices, viz: james Frank Alice for
State Senator; Thomas g. Moore, Will
liam II. Moore, Morton Il. Downes,
Luther S. Cenwell, George G. Herring,
Jason b. Simmons and George W.
Marshall FOR State Representatives
Frank Reedy for sheriff: John NJ.
Knight for coroner; Jabez Jenkins for
county treasurer; William ID. Hudson,
Thomas @. Roe William Il. postles,
David Cooper and James Wilbur Powell
for Levy Court commissioners; John
b. Cooper, Abner k Cole, David S.
Clark, james L. Aron, William Y.
Smithers, Beniah Watson, George M.
Nj urray, Paris II. Carlisle, Jr., William
ii. Franklin and John W. Herring for
delegates to the Constitutional Con-
yention.
The respondents were the inspectors
Of said election in the 16 election dis
trcts Of the said county. Ten of them
were Democrats; six were Republicans
On the I'D of November, elections
were held in IA of the said election
districts, and certificates of the result
of such election. signed by the judges
thereof. were delivered to the board of
canvass at Dover on the Thursday next
thereafter, being the 9th day of Noyem-
Der. An election was held in West
Dover hundred. another of said dis
iricts, but no certificate Of the results
thereof was signed by the judges, or
returned TO the board of canvass. No
election was held in the Eastern election
district of Duck Greek hundred, the
remaining district.
III tbb titGtiul 6b hcii, tbcIo Wcio
caste in said county and returned, ex-
elusive of West Dover hundred, about
6,gl0 votes
Tho inspectors of said election. the
re ,pondeuts, with Sheriff Samuel L..
f,naw, met at Dover on the 9th day OF
November. organized as board of can
yass. the said sheriff presiding, and
proceeded to ascertain the results of
said election.
The 10 Democratic members of the
board of canvass calculated the votes
of only eight of the Ia districts for
which returns had been made, and re-
fused to calculate the remaining six
districts, whereby the vote of the
county was ascerfained to be about
3, 9iS, or about ., 962 less than the total
vote returned BY this method they
ascertained pluralties for the Domo.
cratic candidates FOR the respective
Offices above named, varying from 1as
60 800 votes. The said 10 inspectors,
together with the coroner, made. signed
and filed certificates of such result in
favor of the Democratic candidates &C
found to have been elected. The six
Republican inspectors of the said
board of canvass, with said Sheriff
Shaw, the presiding officer, calculated
inc VI I'LL VI LuB bH'u II us
tricts, for which certificates had been
returned, and thereby ascertained the
total vote 80 returned to be about 6, $40
and the pluralities for the REALTORS, the
Republican candidates for the ollicet
above named, varying from 90 to 467.
the said sheriff and six inspectors
made, signed and filed certificates o.
such result in favor of the Republi
can candidates 80 found to have beer
elected.
A brief review of the status of thu
case may assist in clear understand
ing.
On petition OF the REALTORS. filed ant
forwarded to the Chief Justice, ruiz
was granted to show cause why wri
of mundamus should not issue to com
pei the recanvass of the vote, which
rule was made returnable at a specia
term of superior court for Kent county
to be held at Dover ON the 10th day o
November, 1896.
On that day all of the respondents
appeared by counsel. Ten of then
elected not to file answer TO the rule Il
show cause, but insisted on their RICH
TO the alternative writ. which wal
therenpon awarded, made returnable OF
the 23d day of November, 1896
On tne laSC nhmeu Gay seven OF Inl
respondents lied their answer nd
uniting the averments of the petition
and alternative writ, and submitting
themselves to any order the court nigh
make in the premises The said sheriff
also submitted himself to like order
Nine of the respondents made no an
swer, but by their counsel moved Il
quash the alternative writ, as insult
Gent on it's face TO entitle tn
REALTORS to the relief prayed for
After full argument, Judge CuIlel
and myself, majority of The court
overrruled the motion to quash; con
sidering the questions raised to be o
such magnitude and grave public in
terest, that full hearing OF the caus
upon it's merits, as well as upon techni
cal points, was necessary to wise AM
Just determination expressly reserving
Z however, to the respondents the RICH
TO urge in such hearing any proper de
fence in form, in substance or on th
merits.
Thereupon upon motion, the relator
by consent of all the judges, wer
granted leave to amend their petition
the alternative writ and return, b
making Samuel l.. Shaw, the sherii
of Kent county, party respondent
notwithstanding said1 respondents Q
constituting tho board of canvass a
kent county; thereby relieving the cas-
pf nil nunation 40 IN prnpar pnptieu