State ex rel. Shaw v. McCoy

Citations

• 16 Del. 576

Syllabus

<p>Statute. Mandamus. Election. Board of Canvass.—Where after a General Election, the Board of Canvass had failed, properly and legally, to ascertain the state of the election, pursuant to the statute then in force, and the General Assembly had repealed all those portions of the Revised Code which constitute the Inspectors of Election a Board of Canvass, and substituted in lieu of them, as such Board, the Associate Judge, the Sheriff and Register of Wills of each County, held, that the repealing act did not prevent the issuing of a peremptory mandamus to compel the inspectors to reassemble as a Board of Canvass and perform their legal duty as such.</p> <p>Same.—The Legislature may change the method of ascertaining the results of an election but it cannot by an act for that purpose, prevent the ascertainment of the results of an election held prior to its passage.</p> <p>Election.—Under our form of Government, an election is the constitutional expression of the sovereign will of the people, as to who shall be their accredited agents to execute, the laws and to preserve their rights and liberties; and by necessary intendment, it involves every element necessary to the complete ascertainment of such expression of popular will, embracing the entire range from the deposit of the ballot by the elector, up to the final ascertainment and certification of the result. An election by the people, means and includes the perfected ascertainment of such result.</p> <p>Statute. Retroactive Legislation.—The Courts will not give to a statute a retrospective operation, unless compelled to do so, by express provision.</p> <p>Constitutional Law. statute. Election.—After an election is held under the Constitution, the Legislature cannot enact a law which would have the effect to stop all inquiry into it and prevent the ascertainment of its results. An act having such a necessary construction would be unconstitutional. The right of the people to hold an election and to have its results du