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STATE v. SHAW

126 A.2d 542 (1956)

The STATE of Delaware, upon the relation of Joseph Donald CRAVEN, Attorney General, Plaintiff, v. Benjamin F. SHAW, II, J. Gordon Smith, Francis Gebhart, Thurman Adams, Carey Sapp, purporting to constitute the State Highway Department of the State of Delaware, and Robert D. Thompson, Edward Kelly, Thurman Adams, Samuel J. Fox and Benjamin Ableman, purporting to be members of the State Highway Department of the State of Delaware as allegedly created by Senate Bill No. 524, Defendants. The STATE of Delaware, upon the relation of Joseph Donald CRAVEN, Attorney General, Plaintiff, v. John M. CONWAY, Brinton T. Holloway, I. Leroy Smith, Burton S. Heal and J. Edward Truitt, purporting to constitute The Delaware Alcoholic Beverage Control Commission, Defendants. The STATE of Delaware, upon the relation of Joseph Donald CRAVEN, Attorney General, Plaintiff, v. Sigmund SCHORR, Fred Heinold, Carl J. Scott, Leslie Ford, Woodrow Wilson Stanley, William McClafferty, Martin Devine, Joseph Grabowski, Oscar Sewel, William Savery, George Sylvester, purporting to constitute the Department of Elections for New Castle County, Defendants.

Superior Court of Delaware, New Castle.

Decided October 17, 1956.

Attorney(s) appearing for the Case

E. N. Carpenter, II, Januar D. Bove, Jr. and Clarence W. Taylor, Wilmington, for plaintiff.

S. Samuel Arsht, Wilmington, and James M. Tunnell, Jr., Georgetown, for the appearing defendants in The Highway Department case.

George Gray Thouron, Wilmington, for the defendants in The Liquor Commission case.

Ernest S. Wilson, Jr., Wilmington, for the appearing defendants in The Election Department case.

HERRMANN, Judge.

These three quo warranto proceedings have been instituted to try the title of the defendants to certain public offices. Their title to office is challenged on the ground that the Statutes by which they were appointed are unconstitutional and invalid.

The case of State ex rel. Craven, Atty. Gen. v. Shaw, is intended to test the title of the defendants named therein to office as members of the State...

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