Evening journal., 1903-04-15
ELECTION CASE
BEING HEARD
Argument on Pro-warranto
Proceedings Presented Be
fore Court in Banc
PUBLIC INTERESTED IN OUTCOME

or Five commissioner Departments
Shall Conduct the Coming City Elec-
tion.
Before Chief Justice Lone and JudGss
spruance Grubb, Penniwell and Boyce
sitting as the Court in Bano this morning
argument was begun on the quo warranto
proceedings to establish whether the
Three-C Commissioners Department or the
Commissioner Department. of Elec-
tions shall conduct the coming city cleo
tion.
The e-Commissoner Department
is composed of Martin f. FAIRY and
Armon d. Chaytor. Democrats, and Rob-
ert r. Edwards, Republican.
In 1901 the board was enlarged from
three to five members by the appointment
of Thomas A. d. Hutson and Jacob II.
Lewis. both Republicans. Both depart
ments have been claiming the right to
hold the city election. After a number OF
conferences on the matter the attorneys
for the two departments several days ago
tgreed to take the matter before the court
on quo warranto proceedings. The attor-
neys are Robert G. Harman and J. Harvey
Whiteman for Democrats and Anthony
Higgins, William S. Hilles and Hugh G.
Browne for the Republicans.
IL is a matter which the public in gem
eral Is interested in and there was a large
number Of lawyers and politicians in tho
County Court House this morning to
hear the arguments.
After court had convened Robert G.
Harman presented the case for tho Three
Commissioner Department.
In their brief Mr. Harman and Mr.
Wmteman contend that Jacob II. Lewis
! and Thomas A. D. Hutson have no right
to hold municipal election IN the city Of
Wilmington, on June g. 1903 for the fol-
lowing reasons. j. The statute by which
Messrs. Lewis and Hutson were appointed
as members Of the Department of Elec-
tons for the city of Wilmington. was
passed by a majority vote only, and as IT
was an indirect way OF amending the
charter of the city, by adding new officials
to the city at the time when municipal
elections were to be held. 1t should have
been passed by two-thirGs vote 20 have
! made 81 operative.
{ ,. The above mentioned act does not
refer az all to municipal elections, but is
made in express language TO apply to "all
general or special elections TO be herein
after held in said city.
g. The Department of Elections which
: was simply enlarged from three ITO five
members was. and is, state Depart
ment OF Elections, and. as such, has no
authority whatever ito hold municipal
elections in the city of Wilmington, but
! only State, county and special elections in
said city.
Mr.. Harman was nearly two hours in
presenting the brief for the Democrats.
! Mr.. Hilles in answer said:
The sole question presented for the con-
siderahion OF the court is the right Of the
t defendants to participate as members OF
) the Department OF Elections for r'he city
Of Wilmington in the performance Of those
t duties which are imposed on that de-
lpartment by the laws OF the State regulat-
/ ing municipal elections in the city of VIII
I mfngton.
He said that there is no question that
the defendants have been appointed, and
commissioned by the Governor as MEM
bers Of the Departments Of Elections in ac-
cordance with the provisions OF chapter
70, vol. % laws of Delaware but the de-
murrer raises the question as to the con-
q stitut.onality of this law and its applica-
tion TO a municipal election in Whining
r ton.
For two years there existed in the city
OF Wilmington the two Departments OF
: Election. one strictly municipal body
, appointed bythe Mayor. the other State
. body appointed by the Governor, the first
conducting municipal elections, and the
second conducting all elections other than
municipal elections and elections for mem
bers Of the Board OF Education.
For reasons which seemed satisfactory
] 20 the Legislature in 1898 tho laws under
which these commissions were appointed
were repealed, and section Of this act is
OF Importance in this controversy and Is
as follows: That from and after the pas
sage Of this act at all elections held in the
city of Wilmington excepting elections fol-
l members of the Board Of Education, in
9 wilmington, the registration. election
I and canvass Of the votes cast thereat shall
in all respects be conducted in conformity
, with the laws governing General Elections
In the city, except as in this act otherwise
provided.
Section provides that all the powers
:. vested i'm the Department Of Elections
created by chapter la. volume Is, laws Of
! Delaware were vested in the State board
4 Section required that city Department
? of Elections should Immediately turn over
: to the State Department Of Elections al
its records and that during the years o
municipal elections each member of th,
department should be paid 500 by the cit,
of Wilmington.
Mr.. Hilles said thai it cannot be con
tended that the Legislature did not have
the right to pass this law, and it IS equally
= manifested that there Is no provision o.
. warrant of law for the contention tina
# there are two Departments Of Election 70
# the city of Wilmington.
There, therefore, being nothing in th'