Evening journal., 1903-04-16
REPUBLICANS TO
HOLD ELECTION
Court in Banc Decides That
Five Commissioners Depart
ment Is in Control
THE DECISION WAS UNANIMOUS
This Action Abolishes Three Commits
sioner Body-Members Of Legal De-
partment Are Messrs. Edwards,
chaytor Hutson and Lewis.

The Five Commissioner Department
of Elections will control the coming
city election. This WAS the unanimous
decision of the judges sitting in the
Court Of Banc yesterday afternoon.
This decision will abolish the Three
Commissioner Department, and there
fore throws out Frank McCloskey as
Secretary of the smaller body. Jona-
than b. Roberts IS clerk OF the existing
department.
The smaller department comprised
Robert 2. Edwards, Republican. and
Martin f. Fairy and Armon d. ebay
tor, Democrats. and those men We're
members Of the larger department. to-
gether with Messrs. Lewis and Hutson,
Republicans. Hence the only body re-
naming that viii have charge of the
election is that controlled by the Re-
publicans.
The question was brought before the
Court in Banc yesterday on quo war
ranto proceedings. under which the
State OF Delaware, upon the relation OF
Attorney General Herbert II. Ward
called upon Messrs. Lewis and Hutson
to show by what authority they held
their positions as election commission
ers.
William S. Hilles and Anthony Hig-
gins, for the Republicans. and Robert
G. Harman and ]. Harvey Whiteman,
for the Democrats. argued the case.
The members OF the bench were
Chief Justice c. b. Lore and Associate
Judges Spruance. Grubb, Pennewill
and Boyce. The principal addresses
were those by Mr.. Harman and Mr.
Hnles.
Upon the conclusion OF the argument
the judges retired to chambers. After
some time had elapsed they returned
to the court room and Chief Justice
Lore read the following decision:
And now. to wit. this fifteenth DAY
OF April, A. ID. 1903, the questions OF
law arising in this case. directed by
the Superior Court. in and for New
Castle county, TO be heard by the Court
in Banc having been fully argued by
counsel of the respective parties and
duly considered by the court, We are OF
the opinion that the defendants, jacob
II. Lewis. and Thomas A. d. Hutson
are by virtue Of the provisions OF the
laws of the State Of Delaware. and
their appointments and commission by
the Governor, members of the Depart
ment OF Elections for the city OF Will
mington, and as such, of right, hold
use and exercise the office of members
Of said department, among the rights
and duties OF which office is the trans
fer and registration Of voters prepara.
tory TO holding the municipal election
in said city. and that therefore the de-
linuITer of the plaintiff should be over.
ruled. 1t IS ordered that this opinior
be certified TO the said Superior Ceur
Tor New Castle county"
This was signed h. all five judges
Court Adjourns.
Court IN Banc was then adjourne.
without day. The special term OF Su-
lperior Court was opened and the decis
ion recorded overruling tho demurrer
Mr.. Harman elected to take final judg
ment.
Messrs. Lewis and Hutson, who wer,
in court, We're much pleased at the de
cision.
Up to date the Five COMMISSIONS
Board had made forty three transfers
and the Three Commissioner Boar,
twenty. OF the twenty about hal
We're also transferred by the othe
board