Evening journal., 1914-01-23
new PRIMARY
LAW FOR KENT
and SUSSEX
State JHdiCiary'S IEterpEeta-
tiOn Applies New Castle
flan TO Lower Counties
GOVERNOR AN CHAIRMEN
ASK FOR CONSTRUCTION

EUtAldA W III IfN A4ANA 1O1AN4N@A--
DOVER. Del. Jan. 23-In view OF
the discussion over the Primary
Law passed at the last Delaware Leg
islature. as it applied to Kent and
Sussex Counties, Thomas f. Bayard
and Edmund Mitchell, State chair
men, respectively. of the Democratic
and Republican parties. addressed a
communication of recent date TO Gov
ernor Miller, suggesting that he re-
quest the opinions of the Chancellor
and Judges about the primary cleo
tions to be held in Kent and Sussex
counties this year. in accordance with
Chapter 393. Vol 20, and Chapter PSF,
Vol %. Laws of Delaware, which is
in relation to the Primary Election
Law of New Castle County. BY yir-
tue of Chapter &C. Vol. p. Laws of Del
aware, passed at the last session of
he Legislature, the New Castle COun-
~ primary law, was extended 10 Kent
and Sussex counties.
The question raised was whether or
uot In applying the first two men
tionod Acts. the words, Kent and
sussex" as the case may be, should
oe read into the New Castle Acts,
where the words New Castle occur.
Al n0 iulAu'i 7hbEtFAtA Aiic+t Nhf
Governor inquire OF the Chancellor
and Judge touching on the matter of
publication Of the notice OF the Pri-
mary Election required by Section 3,
VI Chapter 393. Vol. 20.
Governor Miller. I'M his letter ad-
dressed to the Chancellor and Judges
requested their opinion in writing,
touching the proper Interpretation OF
She terms Of said Chapter 66, Vol. "a
saws
THE Act in question merely says
thar the law Chapter 393, Vol. 20, as
amendedl known as the New Castle
County Primary 5aw, shall apply 80
the counties Of Kent and Sussex, as
well as New Castle The
question arises both in Kent and Sus-
sex counties as TO whether when the
words New Castle are used, they
should be understood to mean Kent
5r Sussex, as the case may be, IN
applying it to these two counties.
Again. in section ? OF chapter 29S,
sol 20. there is provision for publioa-
lion in one or more daily papers.
am informed. and 7 believe II to be a
iact. that there arc mo daily papers
published I'm either Kent or Sussex
counties. There are. however. n NUM-
|tII OA MNiAAt UHR"NN' IA 'iAAAA NA "|ftN'
counties. and ] would therefore ask
your opinion as to whether or not il
would be legal for publication to be
made in the weekly papers in Kent
and Sussex counties and how many
times in each of said counties such
publication should be made"
in replying to the governors com
munication. the chancellor and judges
today addressed him a letter in which
they express the. unanimous opinion
as follows:
First. That under the act in
question Chapter Sc, Volume q,
Laws of Delaware. when the
words New Castle are used in
Chapter 1893, Volume 20 Laws of
Delaware. as amended by Chapter
2S6. Volume % Laws of Delaware,
they should be understood TO
mean Kent" or Sussex as the
case may be. in applying the law
to those two counties.
And second. That il would be
legal for publication" to be
made In the weekly papers in
Kent and Sussex counties, but we
think notice of the time and place
Of holding primary elections in
Kent and Sussex coupties. should
be yiven by publishing the same
once each day for at least FIVE
DAYS before the time of holding
the same in one or more daily
newspapers printed IN New Castle
county; and we are also of the
opinion, in order TO carry out the
spirit OF the law, that notice
should be published in at least
one newspaper printed in Kent
or Sussex county, as the case may
be, at least five days. before the
time of holding such primary
election.
Charles II. Curtis. Chancellor,
James PennewilL Chief Justice,
william II. Boyce,
Henry c. Conrad,
Victor b. Woolley,
Herbert l.. Rice,
Associate Judges.
kent Plans Primaries.
A meeting OF the Democratic Coul
~ Committee of Kent county hi
been called for Wednesday, Januai
2S. at o'clock. to consider the pr
marx election law and plans Il
amending the rules of the party so
to conform to the new law. Herea
Continued on Page TwC.