Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1917-07-11
INSPECTORS.

A'ANNo ssssss. ss...- .ssss.s. o.
(B) IN favor OF the license forces 0
JUDGES.
CAD In favor OF the anti-license
iolces ......... 81
OBJ In favor OF the license forces "a
Total IN all the thirty-four election
districts
(A) In favor OF the anti-license
80, FORCES .................... 66
OBJ In favor Of the license forces "a
Total IN each Of the thirty-four cleo
ton districts:
CA) In favor Of the anti-lioense
forces Zone inspector and l
judge Observation-Disclosures. 2
(B) In favor OF the license forces
(no inspector and ] judgel
Seventh law requires in max
ing appointments that the same shall
be divided as nearly as possible
equally between the lists submitted
for each representative district" This
mandatory provision has not been
followed as 20 the registrars.
Eighth - The committee having
charge Of the campaign for license.
through James A. Mckelvoy. one Of
your petitioners. protested TO the said
Governor about the unfair and unequal
division as to said appointments. es-
pecially I'm regard 10 the registrars.
and requested and demanded that he
change the same so as to make them
as nearly equal as possible. but this
the said Governor refused 10 do
Your petitioners averring that there
is no other adequate remedy in the
premises. pray that a rule may issue
out OF this honorable court directed
TO and requiring the said John g..
Townsend, Governor as aforesaid. TO
show cause why a writ Of peremptory
mandamus should not issue against
him requiring him to appoint said
registration officers in accordance
with law and in particular by reQuir-
ing him, among other things, to make
an equal division among the lists pre-
scented as 20 the registrars for each
OF said districts.
And your petitioners pray such
other and further relief as to the
court shall be deemed meet and
proper.
And your petitioners viii ever
pray, etc.
Petitions For Mandamus.
L
prohibition one by the Levy Court
and the other by Nj. Magahern, as
taxpayer. are both practically the
same. and seek to prevent the threa
mentioned men from acting further
as a special Department OF Elections.
IL is contended In these petitions
that Governor Townsend had no legal
authority under the circumstances to
appoint Messrs White. Hamilton and
Fisher and Ttmohy J Mooney and
James II. Kane as members OF the
special Department OF Elections. The
ground for this contention Is that no
committee representing the "wetsl
or anyone else. had submitted to the
| Governor a list OF names from which
! those to represent the "wets' In the
| special department were 20 be select
ed The petition quotes the act rela-
tive to the Governor making the APP
pointments as follows:
"The Governor shall. also, some
time in the month of June aforesaid
! G9f7) appoint FIVE suitable persons
OF thu City OF Wilmington for the
purpose of conducting the election
provided for in this act. The said
persons so appointed shall be select
ed from a list OF names submitted by
the committee having charge OF the
campaign against license, and from
a list OF names submitted by the com
mitlee having charge Of the campaign
for license and not more than three
of said persons snail be appointed
from either of said lists.
"This committee so appointed snail
be known as tho Department OF l1lec-
lions for the City Of Wilmington here
in provided for and shall perform ali
the duties in relations TO said cleo
ton. and in relation to the registra-
ton thereof, shall have all the power
and authority and shall be subject to
all the duties and obligations so far
as said election is concerned now de-
volving upon the department Of cleo
tions OF the city Of Wilmington under
the provisions OF chapter 81 of the
Revised statues Of the State Of Della
ware.'
Continuing the petitions state:
THAT at the time OF making said
appointments and Of issuing said com
missions on the said 29th day OF
June, 1917, and prior thereto, there
! had been submitted to the governor,
and he had before him, a list Of
names presented and submitted by
certain individuals styling themselves,
The comittee having charge OF the
campaign against license, which said
list OF names was then and there in
tended to be a list from which the
governor should select not less than
two nor more than three OF the five
persons which the above quoted para
graphs 4 and OF section OF said
pretended act of the General Assem-
bly, provide for TO be known as the
Department of Elections for the City
OF Wilmington for the purpose OF
conducting the special election au.
thOrized in said pretended act of the
General Assembly: but that at tn,
time OF making said appointments anS
issuing said commissions there hat
not been submitted to the governor
any other list OF names by any per
sons styling themselves The commit
tee having charge of the campaign TO
license or by any other person b
persons whOmsoevcr. nor did the gov
ernor, then and there, have any sucl
other list before him.
THAT the Governor, without Their
having been submitted TO him, the Nv
lists of names provided for in the abov
quoted paragraphs OF said pretende
act, and without having both such list
before him. and without any Lawful
authority 20 appoint the committee @
five persons TO be known as the Depart
men. of Elections for the city of vii
mington' provided for and contemplate
by the said paragraphs of said pretend
ed act. neverthelesa -eXercising a powe