Evening journal., 1917-08-01
License Resubmisson Law is Upheld as Valid
Continued from First Page.

Of the Department OF Elections In case
he committees fail to furnish lists
Of names from which the appoint
ments shall be made.
The majority of the court decided |
hat this does not make the act m
operative in Wilmington while Judge
Conrad dissented holding that It does
make the law imperative.
Court en- banc certified its opinions
q 10 the Supreme Court at once and
then Judge Rice and judge Helsel sat
as a Superior Court to hear the mo- I
hon governing the decisions rem
1ered today.
Attorney H G. Eastburn, Of counsel !
for the "drys,' first moved the dis /
missal OF the writ of mandamus against /
the governor and Il was granted. In |
the two petitions for prohibition !
against the special Department OF
Elections, the return was held sun
sint and the petitions dismissed.
In the case Of the petition for a writ
Of peremptory mandamus to compel
Levy Court TO pay the Wilmington
Printing Company bill Of 1925, the re-
turn was held to be insufficient and
peremptory writ ordered to issue at
once
AS there was an agreement, prior 10
the starting of the arguments last
week. that both sides would waive
the right of appeal TO the State SUI
preme Court, the decisions which were
handed down today will stand, unless
appeal is taken TO the United States
Supreme Court by the vets" All the
contentious of the vets we're de-
feated.
In delivering the opinion OF the
court Chief Justice Pennewin said IN
part:
'"The court is Of the opinion that
the petition for rule to show why
writ of pre-emptory mandamus shall
not issue in the above stated case
to compel the Governor 10 appoint
the registration officers in New Castle
county. outside of Wilmington. in ac-
cordance with the law should be die
missed because Il appears from an
inspection Of the petition that the
Governor has performed his duty In
compliance with the statutes.
"The act requires That the regisira-
ton officers shall be appointed from
lists of names furnished by the com
mittees. and that they shall be di'
vided as nearly as possible equally
between the lists submitted Tor eacl
Representative district II does no
require that the registrars shai d
equally divided. but that me three or
icers appointed in each election ols
trict shall be so divided IN eaci
Representative district
"lIpon examination OF the appoint
ments made we find that more equa
D. e.NNf
have been made in each representatiV
district. as appears from the isl al
lached 10 the petition.
ct so happens hat in .he act unde
consideration the registrars are mad
insnectors of the election. and thi
viii result in giving the party oppose
Ia license a majority OF the eiectio
oflcers. In every district. This may .
Unfortunate and we think Il Is, nl
The registrars are made inspectors
The statute and not by the Governo
He was authorized and directed TO
point the registration officers, inclr
me. of course the registrars. ana
TAR as we are advised. OF can discov'
he has complied with the terms
The act in making such appointment
Tbis would not have been questions
we think. II the law had not made y
registrars inspectors OF the elecuo
but that circumstance cannot aHecl [.
legality Of the act the Governor "
required to perform.
1.-THE court express no oplhi
mon any question raised IN this ca
,xcept the one herein mentioned
Discussing the question OF "he'n
the court has power 70 issue q ~
of prohibition. CHIEF justice Iohn
think the WT1f
nrohihition can always issue TO pI
vent the performance OF pupi,0 :
nv nubiic body or by a tribunal, az
inc under color Of law. that has
fact no legal existence or mat n
no lawful authority TO perform Z
act sought TO be prevented. pioNlu
sbere is no other adequate remedy
redress"
rile Not defective.
II Is claimed by the petition'
hat the ac, I'm question Is uncons
n ional because g contains subje'
,o4 EXPRESSED IN the title" the COZ
continued.
sThe courts Of the country
practically unanimous in holding u
such a nrovision should be consrr
Nberallv and that II the matte
lasnod to constitute two subjects
not separate and distinct subjects
are connected with each oiher
rermane to the primary objects or
.,atute the act containing them Is
invalid as being violaive OF 81
provision. 49,.
"The general subject Of the act
EXPRESSED I'm the title is the holdlnl
q special election In the city OF y
nineton. and in that part OF New I
he outside Of Wilmington. az
ain time. TO determine whethef
manufacture and sale OF intoN,cal
Nonors shall be licensed or promo
within said districts: az when G
tion the question was 20 be
mitted 10 vote Of the quan
electors OF said districts There e
not be an election and the eise
would not be qualified 20 vote a.
election unless they had oeeh ie
.ered as provided by the act. 49,.
"The appointment or regls,le
officers was not only germane 70
general subject OF the statute ana
urallv connected. but II was essei
10 the holding Of the election, ana
essarilv connected herewith
tainIv IL was not incongruous.
same observation may De niaue
speciina the creation OF a depaiu
Of elections whose duties were
appointment OF registration ON
and the doing Of other things ne
sary 10 the holding of the electio
Wilmington. Neither the memosi