Evening journal., 1909-12-08
new TURN in
ELECTION CASE
Court Desires Argument on
Material Questions Before
Decision is Given
COUNSEL WILL MAKE
ARGUMENT JANUARY 3

Decision IN the Wilmington City Eiec-
tion case viii not be handed down for
severaia months. II had been announced
that the decision would be given on next
Monday, but the judges OF Superior Court
to-day announced that the court would
like to hear argument on a number or
points In the case before the decision is
given.
shortly before noon the court sent for
counsel in tho Almond-Ros and Allen
Rash cases and to them Chief Justice
Pennewill made tho following announce
ment.
eve have sent for you, gentlemen. in
order 10 tell you that tho court has con-
cludcd that they would like TO hear new.
or further argument in the city election
cases upon the following points. viz:
1. Whether tho respondents below have
such interest in the decision Of the cases
here. or had In the contest below, as will
enable them 10 sustain their writs OF
certorari. and Justify the court in render
ing judgments Of affirmanco or reversal.
II tho statute under which the election
was held In June last was. as they con-
tend unconstitutional and void
2. III Chap. i71 OF Vol. e. avs OF Del
aware, Is a valid act. II Is manifest from
the face thereof that an error has been
made In tho use Of the words Fourth"
or Two" Can the court correct the er-
ror' II from an inspection OF said act the
intention Of the Legislature can be dis
covered? And II 1t can. what was th6.in-
tention Of the Legislature IN the use OF
such wordsY
3. Does It clearly and satisfactorily ap-
pear from the journals that Senate Sub
stitute for Senate Bin lie was not passed
by yea and nay votog
4 MAY the court. IL tie journal entry
doctrine should be recognized. 20 outside
Of the Journal and examine tho original
bills-Senate Bill 1t2 and senate substi-
tuto for senate Bin 1i2. and the endorse
ments thereon, or examine any other rec
ords or dookets that may have been kept
by the clerks. speakers or other officers.
for the purpose Of aiding the court IN a.
certaining whether said Substitute Bnl
was passed by a yea ana nay voter
"In submitting these questions "a
counsel for further agument. We thinl,
I II may be safely said that cases Of
4 greater moment have never been pre-
scented 10 any court Of this state for
determination, and certainly not IN the
last twelve years have any been heard
/ approaching these in the Importance
and effect of the questions raised, and
| In their possible far-reaching consc d
I quences beyond the immediate inter
ests OF these cases
''Since the cases were argued. the
Judges have been exceedingly busy
with other court matters which had
TO be attended TO: but. Notwithstanding
this fact, much attention has been
given 10 these election cases. VoIumin-
Gus and able as arc the briefs and
arguments Of counsel. the court have
not confined their examination TO them.
but are seeking to find additional
authorities and other proper assistance
IN reaching their conclusion. These
eases are to all intents and purposes
supreme Court cases. They have been
argued before all Of the law Judges.
and their decisions are to be final In
cases much less serious than these the
Supreme Court has not considered six
months too long a time in which 10
carefully consider and decide them,
and have uniformly taken that much
, time. Certainly these cases, now be-
fore us should have the same careful
and deliberate consideration as
Supreme Court cases. and until we
shall have heard argument upon the
questions which we have here submit
ted to counsel, we will not be pre-
pared to say when decisions will be
handed down"
j. Harvey Whiteman of counsel for
Mr.. Almond and Mr.. Allen. said the
court had raised some very fine points.
but that it would be impracticable to
drop other business in hand TO argue
them at this time. II would require
some time before counsel would be
ready 70 make the additional argu-
ment, he said.
Robert H. Richards. for Mr.. Ross.
said the session Of the Supreme Court
is coming on and counsel on both sides
are preparing cases for trial there
After a consultation between counsel
on both sides. January was agreed
on as the time for argument on the