State v. Schorr

Southerland, C. J.:

These are three actions of quo warranto to try the title to office of certain members of three State Departments or Commissions — the State Highway Department, the Department of Elections for New Castle County, and the Delaware Liquor Commission.

The attack in all three cases is based upon the contention that the three statutes creating such offices are (in whole or in part) unconstitutional for various reasons.

On cross motions for summary judgment the trial court rejected all of the relator’s contentions, sustained the constitutionality of the statutes, granted defendants’…