State v. Lewis

Citations

• 28 Del. 213
• 5 Boyce 213
• 91 A. 993
• 1914 Del. LEXIS 30

Syllabus

<p>1. Mandamus—Motion to Dismiss Petition—Effect as Admission.</p> <p>A motion to discharge^the rule to show cause why a writ of mandamus should issue, and to dismiss the petition, admits those allegations in the petition which are well averred.</p> <p>2. Mandamus—Motion to Quash Alternative Writ—Effect as Admission.</p> <p>In mandamus the alternative writ takes the place of the declaration, and the facts therein well pleaded are admitted by a motion to quash the alternative writ.</p> <p>3. Mandamus—Alternative Writ—Sufficiency.</p> <p>An alternative writ of mandamus to compel the department of elections to appoint registrars from the list furnished by the party chairman, as required by Act May 20; 1898 (21 Del. Laws, c. 40) 13, par. 4, which shows that the list furnished was in conformity with the requirements of the statute, that the persons named therein had the proper qualifications for registration officers, and that the appointments for the district in question were not made as required by that act, entitles the relator to the peremptory writ, unless the allegations are properly denied by respondents.</p> <p>4. Elections—Registrars—Qualifications.</p> <p>The requirement of Act May 20, 1898, § 3, par. 4, that the department of elections appoint the registrars of election from lists of eligible persons submitted. by the chairman of the two leading political parties, is a reasonable requirement for the promotion of fair elections, and does not violate Const, art. 14, which, after prescribing the oath for public officers, provides that no other oath, declaration, or test shall be required for any office of public trust.</p> <p>5. Elections—Officers—Lists Submitted by Party Chairman.</p> <p>Under Act May 20, 1898, § 3, par. 4, requiring the department of elections to appoint the registrars of election from lists submitted by the party chairman, containing the names of at least six qualified persons in each election district, the list is in effect a distinct list fo