Smyrna times., 1898-09-14
THE MANDAMUS CASE.
Still Contested Before the Kent County cour


Nearly two years have elapsed since
the Kent county board of election off
GERS ruthlessly threw out the votes of
enough Republicans districts in that
county to make showing indicating
the election of one Democratic candi-
date for state senator and seven Demo-
cratic candidates for the House of Rep
resentatives. Immediately following
that outrageous assault upon the rights
OF the people an effort was was made to
have the wrong undone to the extent
OF having the board of election officers
to count all of the returns made.
Previous to the throwing ont of the re-
turns from the several districts those
returns had been made and recorded.
But they were thrown out all the
same.
By reason of legal delays and bv the
raising of technical points, in part due
to the abOlishment of the old courts
and the creation of new ones, no decis-
ion could be obtained. The General
Assembly met in due time and seated
the eight Democrats who had not been
elected. The county officers, however.
held over. The men who had been
robbed of their seats by the board of
election officers, whose action was en-
dorsed by the Democratic members of
the General Assembly from New Cas-
tie and Sussex counties, kept the mat
ter before the courts.
On May 6, 1897, the court gave n de-
clslon that ordered the returns from
Kent county to be canvassed as thew
were returned, but the Democrats took
an appeal. The new Supreme Court
not having been put into operation the
matter was delayed, and Thursday the
case finally came up. The Democrats.
however failed to make the proper an
swer-and we summarize thus briefly
to avoid the technical legal details
and the court threw the matter ont
That sends it into the Superior Court.
In this connection it is well to quote
from Chief Justice Lore's opinion. de-
llvered on May 6, 1897:
JUDGE LoRE's OPINION.
Admit the construction claimed. that
the legislature may thus annul an cleo
ton, and where does it lead us? The
people at the polls may defeat the
party In power by decisive majority.
put still leave the election machinery
IN the hands of the defeated party. In
ascertaining the election results the
defeated party may count only such re-
turns as are favorable to its contin-
uance In power; may unlawfullv GER
ttlfy such finding, and give certificates
IN pursuance thereof. When proceed
lngs are instituted in a court of Justice
to ascertain and enforce the verdict of
the people it may then resort to techni-
cal subterfuges, writs of error and all
other dilatory methods known to ac-
compllshed advocates or within the
range OF acute politicians, and thereby
delay final decision until the time to
reap the fruits of the election has come
and passed; then the candidates de-
teated at the polls, clothed with illegal
certificates, may take their seats with |
out inquiry and become self-constitu-
ted Judges of their own cases. They |
may then pass law to smother all in
qulry as to the result of the election.
This, too, in the name of law and under
the shadow of the temple of justice.
Can we conceive a case where, in the
language of one of the masters of our
tongue, ''the laws delay and the inso-
lence of office" could more ruthlessly
set aside the dearest of human rights
and interests?
JUSTICE To THE LAST DEMANDED
These words cover the case exactly
They make clear what was done nv f6a
Democratic conspirators and il reyaaIS
to the public anew the measure of ros
cality andsubterfuge that was emnIovad
to deprive the majority of the voters
Of Kent county of their rights and &c
the fruits of the election secured ~ Az
polis' NO more vigorous denunciation
o1 the hent county outrage of Novam-
Der, 1876, has ever been made W.
that every possible &C.
VIII De taken to force a recount of AZ
'ote OF 1896, even though sncb q rne Wv
,o9nt y may be delayed for two veorS
y is absolutely demanded that the rao o.
'rds be set right and that in tbe sre ,Oe rec
y y tne people of the State tbe ILLS ILLS
mall be made clear. '"o 'ru'n
+, NO action of the court can no,,
& ThiiGns tnat was done to the seven
ha;u who were deprived Of
mir ne seats IN the General Assemble
'ut justice will not have been do9Ss,
5ntll tae vote cast in Kent connty o IN
,oEemoei, 1896, is recanvassed and ra %
WEI W according to the returns
maiter ii. Hayes, counsel for tba
1e1t County Union Republicans bao Sne
leu petition with Chief Justice ,ora ore ,
SKIING Tor special term of tbe Co,rt
n1 ZINE when the Kent Conntv
'oara OF Canvass shall meet and conIt
le eiectlpn returns of the contest two
FIRE AT MIrEopn