Evening journal., 1917-07-23

antidicense league moved that the
petition for the writ OF prohibition be
t.smissed on the grounds:
That only TIE Supreme Court can
Issue the writ; that the writ can be
only exercised to stop judicial funo-
tlonS. while the duties Of the election
board are merely ministerial; that
, the write OF prohibition lies only when
there is no other remedy at law
while iE the case at bar there are
other remedlos; that the allegations
of fact are uncertain and insufficient
He argued these points from tho
standpoint OF judicial decisions as TO
what a writ of prohibition is and
when Il Is applied. Attorney Burche-
nal first argued that the writ OF pro-
hibition only lies 20 stop judicial func-
tions, and then that the duties OF the
special Department OF Elections are
ministerial and not judicial, otherwise
the department would be part OF the
judicial system of the State.
II was evident that the fight Of the
dry" forces against both petitions
special board Of elections from acting
10 conduct the registration and cleo
tion was TO be on the basis that the
entire work of the department is
purely minoisterlal and not judicial
Attorney Burchenal went into the de-
cisions distinguishing between what
are judicial and what are ministerial
duties of election boards, political
parties school boardds and boards OF
health. He bought out that2 in all
cases cited that the courts have held
that II the acts Of such boards we're
purely ministerial, then the writ OF
prohibition does not lie.
From this point Mr. Burchenal
argued the proposition that the duties
OF an election board. school board.
council or board OF health are not
judicial but only ministerial He
asked the court to take up this phase
| OF the case with the idea OF establish
ing the rule for this State as to the
nature OF the duties OF such boards
! IN Delaware. and whether their acts
can be stopped by a writ of prohibit
ton He concluded his argument
with the proposition that before the
writ OF prohibition can lie. the courf
/ must find that the Department OF
Elections must be held to be a part
Of the judicial system Of the State
an inferior court with power TO issue
writs. hear cases and perform the
functions OF court
Attorney II. G. Eastburn at the con
clusion OF Mr. Burchenals talk
charged that the brief Of Attorney
Harman gwen TO the court was rot
the same as served on counsel foI
the "drys" Attorney Harman dis
puted this. saying he only gave the
court a brief covering his verbal ar
gument
Mr.. Harman IN reply to the conten-
| tion that the department Of elections
/ has no judicial functions. insisted thai
/ the departments acion at times, take
/ on a jud' 'cial character and are sub
iect to the writ of prohibition. He
argued that the fact that the election
board administers oaths to reg
istrars. gives its acts judicial char
acter.
During Attorney Harman's argH
ment. Mr.. Richards offered a copy OF
the Harman brief to Attorney East
! hhAh VIM AtAAoNA " HNNNRA IT, Al
torney Burchenal. however, accepted
the additional brief. This little side
light brought smile TO those who
witnessed it.
A large delegation OF members
from the various Wilmington union.
OF the W. c. T. U. and from the viii
mington Anti-License League wa,
present when court convened. Prac.
tically every local union Of tho W. c
T. u. was represented in the delega.
tlon Of a score or more women. who
occupied seats on the west side of the