Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-02-04

g Eufreu-EuD Return OF fOtcs thst.
stan Correspondence o. Gazette and Journal.
Dover, Jan. 20. The superior court
eat hero yesterday for tho purpose OF
listaning 60 argument in the mantlamrs
proceedings brought against Thomas
Baxter, ct al, Democratic election Oil
cors of West Dover hundred, to compel
them to prepare tho tally sheets and
tpake and sign the certificates OF elec-
tiop. After an argument, which con.
tioued over an hour, the court issued
peFemptory writ againHt the respondents
compelling them to meet and aign The
certificates at 10 o'ciock, noon, to- NOR
VOW.
Tho relators were represented by II.
Fl. Ward, Walter II. Hayes, Beniah
Watson, james PennsHill. Edward
Ridgely and George NJ. Jones, while
the interests of the respondents were
looked after by John b. rcnington,
John u. Hawkins, James II. Hughes.
James L. Wolcott and Henry Ridgely.
Jr.
NJ. Hayes read the return and
answer Of Sheriff Samuel L Shaw.
which cited that no was aud always
had been ready and prepared 10 deliver
over TO Thomas II. Baxter, inspector OF
West Dover hundred, the ballot box
and other appurtenance5 necessary for a
proper performance of the duties re.
quirsd by the alternative writ.
Mr. Jones read the return and
shaver Of Thomas Roadway. clerk of
elsation in West Dover hundred. Mr..
Vincent was iii aud unable tosattena,
but Mr.. Jones entered appearance for
him and accepted service in 10 behalf
81 4tn fEa
Messrs. Baxter, Pippin and Marvel,
was read by MIR. Hughes, after which
Mr.. Hayes, for tho relators moved that
the answer BIO quashed on the ground
OF insulliciency. lie began his argu-
tnent in support OF the motion, but was
Interrupted by Mr. Pennington. who
aaid that the only contention made by
the respondents was as to tho right OF
power OF the parties TO open the boxes
for any purpose at this time. tine
point that wish TO Make" Mr.. Hayes
laid, sis that in the previous proceed
ing this court ruled that partial per
Torrance was no performance at all.
Our contention is that these parties
have not complied with the statutes il
that they have not prepared the tall,
sheets nor signed the certificates. The!
had no authority TO surrender thest
boxes to the sheriff until they hat
complied with the law and performed
the duties required of them. y
Mr.. Pennington, for the respondents
followed MIR. HayeB. He aaid that h
and his colleagues were not in court 70
the purpose of screening their client
from the performance OF a legal duty.
Mr.. Pennington then read from th
Revised Code the statute requiring th
al. IS h. ball
boxes until the last day of February
Even 10 a contested election case,
ha sad, sit was found necessary
clothe tho court with extraordinaI
powers 10 urder TO compel the openin
Of ballot boxes. and should the aheri
deliver the ballot boxes of any distri,
to the General Assembly without sue
m order as above referred TO he wou
he acting contrary to the law, whic
says he must retain possession of the
until the last day Of February"
Mr.. Ward closed the argument, aft
which the court retired for deliber
tion, and in five minutes returne
The Chief Justice stated that it W
tho unanimous opinion of the cou
that the answer should be quashed al
the psremptory writ issued. 'V
have he said, no doubt that it "
the duty of these officers to sign d
certificates and tally lists, and '
think now we have the right TO col
mand them to oran the boxes, sign I
certificates. seal the boxes properly al
return them to the sheriff at the prop
time. The peremptory writ is thei
fore made returnatle on Saturday al
O'Clock, .. m, and the officers Of eiC
tion in West Dover hundred are order
90 n hn Kant fpunty f,pI
House at Dover at II O'Clock, noon,
that day and perform their duty"
Service was formally accented
eounsel for all the parties.
81
Dover, Feb. LIN accordance wi
the order Of the superior court, Thou
II. Baxter. Democratic inspector; DaI
u. Marvel, Democratic judge Sam
II. pippin, Democratic clers Nicho
H. VINCENT, Republican Judge, d
Thomas Railway, Republican Gle
officers Mt tho recent election in "
Dover hundred, assembled at the Co
House on Saturday for the purpose
preparing and signing the tally Ii
and certificates Heterogeneous JIG
j. Pennington was present as cour
for the Democrats, while the kcpus
cans we're represented by Frank
DHFlS, i.tlWHru NltSelys IL u. we
Walter Hayes and Beniah Watson.
1t was O'Clock before tho labori
the board were completed and
boxes again reseaed. Under instr
tons Of counsel the following inscl
ton was entered on the back Of eacf
the blanks aud signed by the sevt
officers; This ia a correct tally lis
the votes cast at the general elect
hold in West Dover hundred on
yeriher 81, 1896
when court convened, at ?. 20 o'Cc
Mr.. peningtnn read the answer of
respondents, citing the fact that
mad performed the duty required
them by the court.
Mr.. Hayes then asked that tho C
BIZ placed on tic respondents, anrl c
tho RoyiBcd Code in supporting
position.
Mr, Pennington snid that, in
opinion, ths matter Of costs was
firmly discretionary with the co
which could divide tho COSTS. az
tanm against either party to tho Ct
O. allow the county to pay them.
ava perfectly willing ho said, g
tbs court should usa its own judgu
ia tho matter.
sitter consultation the court nj
the costa on batter, Pippin and
vol, tGt TGapundentB,
I'n3 special term waG then adlOu
Without d&y.
Tho fuil retusu OF tho votes as