Evening journal., 1914-07-13
ALTERNATIVE WRIT OF
NANDANUS issued
Department of Elections
Must Defend Democrats
Suit Over Registrar
SECOND HEARING
HERE ON WEDNESDAY,

Following the special session of
the Superior Court. held on Saturday
morning with Judges Conrad, Boyce
and Rice. on the bench, for a hearing
on the application of the Democratic
City Committee for a writ of man
damus to compel the Department of
Elections TO revise the lists of regis
tration officers, the court issued an
alternative writ Of mandamus, requir-
ing the members of the department Of
elections to appear before the Super
Tor Court at special session to be
held at II o'clock Wednesday morn
ing, and give reasons why they should
not revise the registration list.
The application was made by James
Salisbury. chairman of the Democra-
tic City Committee, who contended
that the election board had illegally
placed the named of six registration
officers on the list of appointments.
whose names had not been approved
by the the Democratic committee.
! When requested to revise the list the
Department of Elections refused to do
so.
At the hearing ON Saturday counsel
for the election board, Frank L. Speak
man and Philip l.. Garrett contended
that the election board could use its
discretion in making the appointments
and could dismiss and appoint whom
they pleased, while Robert c. Harman,
the complainant attorney contended
that the board was required under the
law to make the appointments from the
list submitted to them by the Demo-
cratic city chairman.
After the testimony in the case was
heard by the court, Robert c. Harman
requested permission to amend his pc
tition, in order to make certain points
clearer. Chairman Salisbury this
morning, however, stated that the pc
/ tion would not be amended
The court then issued an alterna.
/ tive writ of mandamus, which, how
ever, is far from being the mandatory
writ that the Democratic chairman
has asked for The alternative writ is
simply an automatic legal action which
/ gives the Department of Elections on
/ opportunity TO file answer to the al
legations made in the petition of the
/ complainant This answer will be filed
by the election board at the specia
session on Wednesday.
Inc alternate VIII as lcbutu ny lnt
Court specifies that the Superior
Court, in special session met on July
II, orders that the writ or the State
of Delawar Of alternate mandamus
should be issued. commanding that
the defendants, the officers of the
Department of Elections. should ap-
point the officers in accordance with
the law as the same we're submitted
to them by the relator aforesaid as
set forth in the petition of the com.
plainant.
The writ continues as follows
COR that you and each of you appear
before the said Superior court of the
State of Delaware in special session
on Wednesday, July Is, at II a. m.
and then and there show cause. II
any you have, why you have not done
So"
Chairman Salisbury this morning
suggested that It would be a good
plan for the chairman of the Demo,
cratic and the chairman of the Re
publican committees to get together
and hold a conference with the De.
pertinent of Election officers to pre-
vent a re-occurrence of the difn
Guilty in the future