Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1917-07-11
"WefS" File Four Suits to
Test Special Election Law

Wr. Hartman.
Mr.. Eastburn sad thoy we're not
formally in the case yet but II they
came in they would agreo TO the Court
en- Bauc hearing the case. The two at
torneys for the "drys" also told the
court that II they came in they will
Mo a stipulation with the clerk of
the Superior Court accepting service
o. all papers and agreeing TO the
court setting en- Banc Attorney Har-
man accepted service on the petition
Of the Wilmington Printing Com any
One Of the petitions for a writ OF
mandamus, Is directed against Cover.
nor John G. Townsend. Jr., and Is
sought TO command him 10 make an
equal division OF registration officers
between the 'wcts" and "drys" I'm
rural New Castle county, where both
filed a list OF names with the COVER
nor for him to make appointments
from as provided for in-the act 10
is commended by THO vets in this pc
ton that. although the act sets out
that the governor I'm making the APP
pointments shall divide as nearly as
possible between the lists submitted
for each Representative district. he
failed 10 do so. The petition states
that the governor appointed regis
trar from the dry" list for every one
Of the thirty-four election districts I'm
the rural county and that 80 OF the
"a alternates were also named from
the dry" list. On election day, un-
der the act. the registrar becomes tho
Inspector. all the other registration
officers dropping out The act pro-
vides that the committees represent.
ing the two parties shall each name
q judge. who, with the registrar will
compose the election board in each
district. As the "drys" already have
the registrar It is oontended by the
''wets' that the 'drys" win have COM
plete control OF every election dis.
trict in rural New Castle county, con-
trary 10 the meaning OF the act
Tho other petition for writ OF
mandamus is by tho Wilmington Print
ing Company, and is TO try TO compel
the Levy Court 90 pay a bill of that
company of 1925 for printing blank
forms of oaths required TO be taken by
tho registration officers for the special
election.
The Levy Court some time ago
adopted a resolution refusing to pay q
bill in connection with tho special cleo
ton until the act is declared oonstitu-
tional by judicial decisiQn.-ln this suit
Aicssrs. Hartman and Richards represent
the Levy Court by special appointment,
and Phillip l.. Garrett appears for the
Printing Company. Mr. Garrett eX-
tended an invitation to counsel for the
"drys' to come in and make the fight
against the Lcvy Court This invita-
ton was not accepted and Mr. Garrett
will make the argument in this case
One Of the petitions for a writ of pro-
hibition is by the members Of the Lew
Court and the other by John J. Maya
hern wholesale liquordealer, rs tax
payer Of the county. In these petitions
which are directed against William r.
White, Joseph $. Hamilton and George
Nj. Fisher, who are termed as "the al.
legged Department of Elections. the peti.
tioners pray that these three men be pro
hihited from having anything further 20
do as a Department of Elections 10 con-
duct the election.
One of the most interesting of the
suits is The writ Of promotory mandamus
directed against Governor Townsend.
The plaintiffs in this case are James A.
helvcy. of Newark. and Lewis Dickcv.
Of Stanton, hotel proprietors who COM
prise the committee for license for
rural New Castle county The petition
follovs
To tho honorable. the judges Of the
Superior Court Of the State OF Della !
ware. in and for New Castle county:
The petition OF James A. McKelvey
and Lewis Dickey, OF New Castle
county and State Of Delaware. re-
specially represents:
Frst-Ihat they are the committee
having charge Of the campaign for lie
cense for rural New Castle county.
exclusive OF the city OF Wilmington.
Second-rhst John G.. Townsend.
Jr, now is. and since the sixteenth
day OF January. 1917. has been gov
ernor OF the State of Delaware
Ihird-Ihat on the 3lst day OF May.
1917, the said petitioners had pre-
scented 10 the said governor in ac-
cordance with section 2 Of chapter
III, volume 20, Laws OF Delaware.
generally known as the Re-submis-
sion Act list OF names OF three per-
sons for each OF the Offices of regis
trar, assistant registrar and alternate
registrar for every election district in
new Castle county, and said persons
We're az, and prior to, the time tho
said lists were SO presented (and still
arel, voters and residents in the cleo
ton districts for which they were
recommended for appointment by said
committee; and said persons We're
and now are. in every respect quail
ned IN law for said Offices A CODY
or said lists, marked Exhibit "A" IS
attached hereto and the same is pray.
ed TO be made part Of this petition.
Fourth-The said governor. on OF
about the 29th day Of June. A. d.
1917, made appointments for the sale
Offices mentioned in the third para.
graph OF this petition. A COPY OF
said appointments made from the list,
so presented by your petitioners as
well as from the list presented by the
committee having charge OF the cam.
paign against license. and marked
Exhibit 81 Is attached hereto. and II
Is prayed that the same be taken as
part OF this petition. The letter 'DH
IN said list represents an anti-license
man, and the letter "W "a license
man.
F1fth-As will appear from an ex-
animation Of the list presented by vour
Peut oners and the appointments made
y y lor said Offices. the Governor in the
entire ten representative districts AMI
IN the entire thirty-four election dis
tfiets therein, did not give YOUR ne
TONERS one single registrar.
ne apo ntment for the various Of
nces is as follows:
AITFRNATuc