Evening journal., 1909-07-29
OUSTING ACT
LEADS TO COURT
Wits Obtained by RepubIi-
cans Stop Democrats From
Taking Jobs
COURT WILL HEAR
ARGUMENT In SEPTEMBER

The writs served at last nights meeting
OF lCty Council issued from Superior
Court and demanding the members Of
Council to produce the record ana pro-
eeedings Of the contest brought by B. b.
Allen and Or. c. NJ. Almond, in that
court on September 20, were the subject
OF general discussion among politicians
and others interested to-day.
According to the counsel for Councilman
Walter Rash and City Treasurer How
ard ID. Ross the papers were writs of
certiorari which act as a supersedeas.
TO be clearer IL was explaipSd TO a re-
porter for THE EVENING JOURNAL at
the prothonotarys office to-day. that a
writ of certiorari whom served on a per-
son stops all proceedings. In this case,
the Democratic members Of Council may
find themselves in contempt of court for
they proceeded to swear IN Mr.. Allen as a
member Of Council to take Mr.. RASH s
seat after being served with the writ
Mr. Rash is represented by Harry p.
Josyn- and Mr.. Ross by Philip J.. Gar
rett These attorneys made appl. ca tion for
the writs and had them served last even
ing.
According to the particulars filed. the
writs were issued TO test the legality OF
several important questions. Among them
being the recent city election in view OF
the misunderstanding concerning the
number Iof years city elections should bc
apart, which was brought about at the
last session OF the legislature. This is but
one Of the contentious which will be ar
gued.
In the case Of City Treasurer Ross it is
intended 10 test the form i'm which the
contest petition was filed and the fact that
Mr.. Ross wa not personally served Will
notice OF the contest will also enter into
/ the matter.
In the Rash case the same contentious
are set forth with the exception of prop
er service which is eliminated Mr.. JOS
/ lyn will test the lagality Of the refusal
OF Council to file a bill of particulars in
the Rash case when he requested It.
The matter of the date on the writs
June 4. which was the day before the
election, and the signature OF Chief Jus.
tice Charles b. Lore thereon, was dis
cussed by some Of the members of Coun-
ell who seemed to think the writs for
that reason were without authority
Chief Justice Charles B. Lore yet holds
his position so far as writs are concern
ed and will continue in the Office unit
the September term Of court. The tes
day for writs Is the day the court ad
/ journs and as it adjourned on June A. al
writs between that time and the Septem
Der term of court will bear that date.
The following is the writ served on th'
councilmen in the Rash case. the Rosi
paper being practically the same
New Castle County. ss., the state Of
Delaware.
To James L. Banning. Charles G.
Dempsey, Walter Rash. Edward a
Higgins. James Kane. Henry C. Tay-
lor, Daniel p. DuRoss. Samuel H. Ben.
son, Jr.. Norman c. Downs. George L
Bilderbacly. Michael F. Conway, Johr
J. McGovern and Richard c. McMul
lin. who comprise the new Council ol
Wilmington. and Thomas S. Lewis. the
clerk thereof. greeting. We beinl
willing for certain causes, that tn,
record and proceedings relative 10 tn,
election contest brought by Benjamin
3. Allen against Walter Rash had by
you and before you as the new Coun
ell Of Wilmington and the clerk shoulC
be certified to the judges of our Super
ior Court at Wilmington. do command
you that the record and proceedings
aforesaid. with all things touching anS
concerning the same, as fully and en-
tire as before you they remain, to ou
judges of our said Superior Court. a
Wilmington. on Monday. the twentieth
day of September next. under you
seal, distinctly and openly you senC
with this writ that further our sal,
judges in our said court may caus'
TO be done therein that of right ac
cording to the laws ought TO be donc
Witness the Honorable Charles b
Lore. Chief Justice of the State n
Delaware. at Wilmington, the fourtl
day of June. in the year Of our Lord
one thousand nine hundred and nine
Herbert L. Rice. Prothonotary.
Issued July 2sth. 1909.
Dr. Allmonddid not assume the dutic o
City Treasurer today TO which office h
was elected by Council last night. He sal
that there was still several things to d
: before he could take up his duties sue
, as advertising the decision of Ciuncli /
: the matter and other things. He said II
J.