The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1898-02-17
ASKS FOR INJUNCTION,
Republicans Opposed to the Election to
Fill the Handy Vacancy.


county:
Washington Hastings VS.. William r
Film, Sheriff Of New Castle County. Bill
In Equity.
To the Chancellor of the State of Della
ware.
Humbly complaining showeth unto youl
honor as follows:
]. That on Friday. the eleventh day Of
February, A. D., 1898, Robert ]. Handy, O
citizen OF New Castle county, and al the
time OF his death member of the State
Senate, departed this life, and while the
State Senate of which body he was a mem
Der as aforesaid was In session.
O. That on Monday. the fourteenth day ol
February. A. D., 1898. Hezokiah lIanrlng-
ton. the speaker and presiding officer OF
the State Senate aforesaid, Issued what
purpcrted to be a writ of election directed
to the sheriff of New Castle county, the
respondent, commanding him that within
not more than five nor less than four days
from the receipt of said writ to issue his
proclamation calling an election in New
Castle county to fill the vacancy caused by
the death Of the said Robert ]. Handy:
that the said writ was delivered to tho
sheriff aforesaid on Tuesday the fifteenth
day of February. copy of which writ Of
election Is hereto appended, marked COM
plants exhibit a., and which the COM
plainant prays may be taken as part Of
this, his bill Of complaint.
8. That the General Assembly OF the said
state, on the fourteenth day of February,
A. d., 1898, passed a special act directing
the mode and manner in which said cleo
tiCn should be held, and the said special
act was approved by the governor On the
fifteenth day OF February. aforesaid, a copy
OF which special act is hereto appended and
marked Complainants' exhibit "B', which
the complainant prays may be taken as a
part of this his bill of complaint.
4. That by the constitution Of the State
of Delaware adopted In convention ON June
4, A. D., 1897 New Castle county is d.
yided into senatorial districts and that hy
said constitution no mode Of election of
state senators is provided except by dis
trcts; that there being at this time no va
cancy in any senatorial district of New Cas-
tie county, there is no constitutional mode.
of holding an election in accordance with
the writ of election issued by the speaker
of the Senate to the respondent aforesaid.
6. That section of article Of the said
constitution. while 1t directs the speaker
of the Senate to issue writ of election
in case of vacancy by death or other
wise in said body, contemplatcs a vacancy
In tho Senate as organi2ad,j and consti-
tuted under that constitution, and that
such a vacancy as now exists in the Sem
ate elected under the constitution in force
prior to the fourth day Of June aforesaid,
is not contemplated or provided for.
6. That the office Of state senator held
by Robert J. Handy aforesaid in his life
time exists only by reason Of section Of
the schedule OF the constitution Of June
4, A. D., 1897, and that while said sched
ule continues the office, it provides no
mode OF filing the vacancy in case OF the
death Of the person holding said office,
7. That your orator is informed and he
lieves that the respondent aforesaid is
about to issue his proclamation for the
election to he held on Monday. the twen-
ty-first day of February, A. d., 1928. or
six days after the receipt of tho paper
to be writ Of election. and
not in accordance with the command Of
the said paper purporting to be writ Of
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., l""t the respondent may iully and
"iy answer inc allegations IN this Dill
cohTla'ht maze.
D ancu other ana 1urther rcilef as tile
lure OF 'he case may REQUIRE
h"" E"ur complainant VIII ever pray.
>lgheh washington Hastings
'olfh'u' fiush y. broWne' Chafics NJ.
rus, SOLICITORS 1or Complainant.
''e OF l'eia"are '.
w tas'ie county, S. +
washington fastlhgs, DelnS duly sworn 4