The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1897-01-05
TUESDAY. JANUARY D, 1897.


Well, the decision has been rendered Of
the Court Of Errors and Appeals in the
mandamus proceedings of the Kent coun-
ty Republicans which was appealed from
the rulings of the Superior Court. The pre-
text given by the entire court, which con-
sisted Of three Democratic judges, was
very fliinsy one, upon which they based
their decision in the proceedings. If the
proceedings had been reversed and the
Democrats had been cheated out of the
fruits of their victory at the polls, an an
cry shout would have gone up from one
end of the State to the other. But as it
was the Republicans who received the ad-
verse decision, when only justice was ex.
pected, it counts for nothing in the eyes
of the Democrats of Delaware 1t has
been ever thus that the Republicans have
ben cheated out Of their victory at the
pills.
The Court was unanimous in its ind
ings and being all of the same political
faith, is there any wonder at that? Judge
Grubb who was the only dissenting judge
in the Superior Court in the mandamus
proceedings, delivered tho opinion of the
Court of Errors and Appeals. The ground
was that it would have been impossible
for the Board of Canvass to have followed
the mandamus Of the Superior Court to
Canvass the returns Of Kent county, be-
cause no certificate of election for West
IIn, ,nl Ia MI M
action was taken to compel the officers to
make such returns. Other reasons were
also given, but this was the principal ono.
The above was the principal vital reason
why the Court decided the case rs it did.
Either Judges Lore and Cullen don't
know as much law as either Judges Grubb
and Marvel and Chancellor Nicholson or
else they were sadly mistaken in the mer-
its of the case brought before them to get
the sanction Of the Court in tho case Tho
decision has tendency to make Republi.
ems feel that they are not to expect Justice
at the hands of the men who control the
affairs oil Delaware. 1t is time that some
change was made in our judiciary that
Will BlNt INT llhJulity VI VIZ pEultS Sullih
kind OF representation on the bench
We sincerely hope the new Constitution
will help to remedy the matter and make
the Office Of the judges for II period OF
years. As DclawarGans, we are sorry in
decd to see the rulings of the Court SO
partisan. The three gentlemen constitut-
ing the Court are no doubt honest in the
opinion rendered, but it will be hard work
to convince Others outside Of our State OF
that fact. With solid Democratic bench
ii has tendency to set the public to think
ing especially when all the decisions Civ
en- by the Courts are adverse to the Ropub
licans I'VE hope it has been a good object
lesson to the Republicans OF our State and
they will stop quarcling over the huSk5
aud get together and help adopt form OF
government that will be rs popular out
side the State as it should be within 1T
borders. The Democrats now have every
thing within sight in Kent county, In
New Castle county dastardly steal wa
attempted and If it had gone through, tho
men who were in the deal wuuld have re-
ceiycd the full protection Of the Courts
Every case where there has been dispute,
is has been decided against the h2puDll-
cans. i ii not time that less law ana
more Justice was melted ont to the Ropnb-
licans of our State? Democrats, think
over it. sleep over ii and ponder over 1t.