Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-05-06
KENT COUNTY ELECTION CASE
Argument on Application for a
Writ of Mandamus.
ANSWER MADE BY RESPONDENTS
Say That They Have Performed
Their Duty.
The claims Made by Attorneys Hughes, PEN
ington and ward-Arsument Concluded
on saturday--The Court to Deliver Its
Opiniou This Afternoon.

Staff Correspondence OF Gazette and Journal.
Dover, May 1.-The argument on the
application for writ TO compel the Kent
, county board OF canvass to assemble
and certify to the vote as cast at the
last election in all the voting districts
thereof was begun yesterday. Each side
upon agreement was allowed to consume
three hours 10 argument, and Walter |
II. Hayes, who opened for the Repub-
licans.
Judge Grubb being indisposed, only
thu Chief Justice and Judge Cullen
sat in the case. The Republicans were |
represented by the usual counsel, |
while the Democrats were minus the |
services OF ex-Chanceliur James l.. |
Wolcott.
James II. Hughes presented the
answer of the Democrats, after return
bad been made by George NJ. Jones
for sheriff S. L. Shaw and the Repnb-
lican petitioners The respondents
claim that they have no means of
ascertainiDg whether the number of
ballots as claimed to have been caat is
correct or not. and assert that II such
be true the plumber of voters disfran-
chisad in the county was sufficient to
overcome the apparent majority OF tho
Republican candidates. 1t is further
claimed that the board OF canvass mot
on return day at the usual place, can
vassed the vote according to law aud
Issued certificates in accordance with
the result; and further, that those TO
whom the certificates were issued have
taken their seats and exercised the
! offices since.
The answer concludes: "And these
respondents further mako return to
the said writ OF mandamus and show
that the Legislature of this State on
the 10th day of April, A. d. 1897,
passed. an act entitled An act to
amend chapter Is Of the Revised
Statutes and which is hereunto ap-
pended and marked with the letter a
and pray that it may be taken as and
for part of this their return, whereby
il will appear that these respondents
as inspectors together with the other
inspectors OF the various hundreds and
election districts in Kent county no
longer constitute any part of the board
of canvass in said county,"
Mr.. Hayes contended that the General
Assembly had no power 10 pass such a
law, claiming that 1t was unconstitu.
tional because it interferred with the
inherent rights of the people. He said
that it was one of the rights of every
citizen to cast his vote and to have that
vote counted. If the General Assem-
bly,, be said, ia permitted to pass such
laws as this, the right of the people to
say who shall govern them is practi-
cally nulliiied. The next General
Assembly could pass law prohibiting
the board Of canvass from meeting and
ascortaining the result of the election
as stipulated. Again the legislative
enactment only applies to future cleo
tons and has nothing to do with any
elections already held,
MIR. Hayes was interrupted at 3. AZ
by a suggestion that the court adjourn
until to-day, which vas acquiesced in.
Dover, May 1.--James II. Hughes,
for the respondents, opened the argu,
ment in the mandamus proceedings
this morning. He occupied nearly
two hours. and was followed by ex
Congressman Pennington, who con
sumed the balance of the three hour
allotted to his side of the case
Both contended that the time had
elapsed when the REALTORS coulC
ask the aid of the court to compel tn,
Board of Canvass to reasonable ant
that even il the witt were granted tn,
results would be unavailing, becaus
the General Assembly and Constitu
tional Convention had both organizes
and passed upon the qualifications o
the members thereof, and that the Low
Court had organized and conductei
business. II. II. Ward closed for th
REALTORS.
Dover, May 3.-The argument upo
the application for a writ of man
damus in the Kent county electio
csses was concluded on Saturday after
noon, at the close of which the coui
announced that the opinion would L
delivered next Thursday afternoon at
o'clock. james II. Hughes began th
argument for the respondents short
after 10 O'Clock, and was followed
exCougressman John B. Pennington
who consumed the three hours above
to his side ana finished at 1914 N
Ward closed for the REALTORS at 2. 05, II
court sitting without a recess unit
the case was concluded.
The answer submitted by tho r.
spondents denied that the sheriff II
manned present at the meeting of Il
board of canvass and continuous
acted as presiding officer, hut that Il
coroner Of the county, William |
Walls, presided portion of the tim
that no election was held in the Fla
election district of Duck Creek hu
dred because of intimidation al
threats Of violence by members Of Il
Union Republican party, thus deprivil
at least 500 electors of their constit
tional right; that they have no means
ascertaining whether the votes alleg
to have been cast were correct or Nc
hut even were it true, the numbers
electors deprived of their votes in Et
Duck Greek exceeded the alleged m
jOrity; that the certificates which I
court ordered to be made out were ri
pared after the time at which the hos
were legally in the custody OF any
sponsihle person that is, the last
OF February past. The answer th
goes on TO say that all the officials W
obtained certificates from the coroi
OF Kent county and majority OF
election officials were declared elect
by their respective hpdies and seat
with the exception of Daniel
Hutchils, Charles g. Iiarmons,
Edward +. O'Day, John Ii. Schabin
and Richard K. Kenney in the Cons
tutional Convention. 1t also says u
these respondents having made o
signed and delivered or caused to
delivered the certificates as required
law, they no longer had or can b
guy other duty TO perform in relat
TO Rnid election. The answer conclu