Evening journal., 1910-06-07
MuddIed Condition Fol-
lowing Decision of Court
in Election Cases To-
day---COnfesf by Re-
pubIicanS Unlikely
EX-MAYOR WILSON
WILL TAKE NO ACTION

To-day's decision of the judges Of Su-
perior state Court in the Wilmington cleo
ton cases has produced a muddled condi-
ton that has left the office holders and
politicians wondering where they are at"
The decision of majority Of the court
which stands as the decision Of the court
was that the law under which the last
city election was held was invalid In that
the Legis ature did not record an aye and
nay vote on the bill which was enrolled
and signed by the Governor, this being
due to a mix-up in the title of the amend
ment which was before tho Legislature
and the title that was enrolled with the
bill that was signed by the Governor.
The judges. however. included in their
decision a statement to the effect that
the present officers of Wilmington are the
officers dc facto. and all their acts in Of
flee since the last election are legal and
must stand. The judges evidently incor-
porated this statement i'm their decision to
remove any doubt as 10 the transactions
of the administration that assumed Of
flee after the election of June a year ago.
Il is easily understood how such a con-
clusion could be reached by the court,
for the officers Of the outgoing a1minis-
tration year ago surrendered office with
out a protest and without questioning the
election Of the men chosen in June a year
ago Though the law under which the slec-
tion was held is now declared invalid, the
new administration went into Office with
a clear title.
The decision Of the court ON this point
will set at rest. the legality OF the acts OF
/ a..
sues expenditure Of public money, etc,
but it leaves many questions in doubt as
to what might be done should the mer
who gave up Office at the end of last june
take a notion th8t they might want TO az
sume ofhce aeain since die lsN usaa'
which the last city election was held has
beer declared invalid
The decision to-day clearly puts
City Treasurer Ross and city Council
man Rash in office They held those
offices prior TO the last election, and
therefore can continue 10 hold Office
either under to-day's decision or by
virtue OF their election at the city cleo
tion three years ago.
The court to-day did not assume to
say what other city officers were legal
ly entitled TO office-whether the men
elected three years ago really are en-
titled 10 assume the offices now held
by the men chosen at the polls a year
ago. The court passes over this ques-
tion entirely.
Thus the present city officers, by
virtue OF the courts ruling that the
present officers are the officers de facto
of wilmington. viii leave the present
incumbents in possession unless some
of their predecessors elected three
years ago and who surrendered office
last June should take a notion TO go
into Superior Court and try to oust the
present administration. Such a con-
test could be made on quo warranto
proceedings. and since the law under
which the last election was held is de-
clared invalid it would seem TO be a
pretty safe prediction that the men re-
turned as elected last June, would not
have much of a claim upon their Of
fees should the matter come up for
final determination in court. Men elect
ed three years age. and reelected last
June would not be affected, how
ever.
Contests Are Unlikely.
It was said to-day that the Republi-