Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1880-12-23
LOCAL NEWS.
.-~----------------.---
A BIG BLAZE AT SMYRNA
S25, 900 Worth Of Property
Destroyed.
The END or The LIBEL SUITS
ex'Congfessma4 Nicholson Throws
Some Light Up1n the Manufac-
ture Of estimony in the
Bayard- Conkling
Affair,
FULL TEXT OF TEE HOUSTON RESOLVES
JUDGE HOUSTON.



Asking Him To Resign.
Special Correspondence OF State journal,
DOVER, Dec. 16.-rhe following il a
full text of the joint resolutions il refer
encs to Judge Houston, which have been
drawn and are to bs presented TO the
Legislature at the approaching session.
They have been endorsed by several Of
the most prominent members
WHEREAS, John w. Houston, one of the
Associate Judges of the Superior Court of the
State of Delaware in communication to the
House OF Representatives. of the United States
Congress and published in the public Journals
OF this State, has declared that the act of
assembly of the State of Delaware entitled
AN act III relation to the duties of Assessors
and OF the Levy Court in the several counties
OF this state" passed at Dover April 9TH
1873, the same being chapter 37l, vol. ii,
Laws of Delaware, was drafted by conspira-
tors and passed by conspiracy, and with i'll
tent to defraud, and Is i'll conflict with the
Fifteenth amendment OF the constitution OF
the United States, and therefore unconstitu-
tional, And
WHEREAS The said John W. Houston, one
of the Judges of the superior Court of the
state OF Delaware. Ill II communication to the
House of Representatives of the United States
Congress and published i'll the public Journals
OF this State has declared that an act of the
General Assembly of this State, entitled ssAn
act Ill relation to the collection of taxes IN
this State, passed at Dover April 10, 1873,
being chapter 372, vol. Il, Laws OF Delaware
page 34j X. c., was passed iii pursuance of
combination, conspiracy and agreement. and
that SAID act Is Ill conflict with the Fifteenth
Amendment of the Constitution of the United
States, and intended to defeat its provisions.
and therefore unconstitutional. And
WHEREAS The said John w. Houston, one
of the Judges of the Superior Court of the
state of Delaware, has i'll a communication to
the House OF Representatives OF the United
States, and published in the public Journals
of this State, has declared that the persons
charged with the assessment of taxes, and
appointed under the aforementioned act of
Assembly. and the persons charged with the
collection of taxes and appointed under the
said act, and that the Levy Courts of the
several counties OF the state, elected by the
people III the several counties under the
laws of this State have unlawfuly. inn
properly, wllfully and fraudulently been en-
gagged III a conspiracy to deprive large num-
ber of citizens of this State of their right to
the elective franchise, and that i'll these I'M
lawful proceedings have deprived large
number of the citizens of this State of their
rights. And,
WHEREAS, The said John w. Houston, one
of the judges OF the Superior Court of the
state of Delaware, has declared in commu-
nicatlon TO the House of Representatives of
the state Of Delaware, that the election of
officers Of the several hundreds Of this State
at the last general election were guilty of nn-
lawful and fraudulent acts and conduct. And
WHEREAS, The said John w. Houston.
being one of the Judges Of the superior
Court OF tins State having i'll advance of the
appearance OF amy such question before the
courts in which he would he obliged to give
his COUNSEL and assistance, and from All er
Pdrte examination already passed upon the
cOnsltutionahty of the aforementioned acts
Of Assembly OF tins State and declared them
to be iii conflict with the Constitution of the
United States, is disqualified, by his own de-
clslon, for proper consideration of any
question involving the oconstitutlonality of the
aforementioned Act of Assembly which are
among the most important upon the statute
books OF this state and would be unable to
render the Court of this State of which he is
part that assistance for which he was
appointed and for which lie is paid by the
state. And
WHEREAS, 1t was the duty of the said John
W. Houston, II lie has such information as he
declares in said communication to the House
OF Representatives OF the United States, to be
i'll his possession, against the Collectors,
Assessors Deputy Collectors and election
officers of the state to have lodged such i'll
formation i'll the hands of the Attorney
General, and that having already prejudgGd
the guilt OF such public officers he is dlsquali-
lied from sitting as judge, and thus dcpnyes
the state of the assistance and counsel Of one
Of Its most important officers. Therefore
heSoiced by he Senate aud House of Repre-
stntdtjres, ofHte state Of Deiamap, in GeA-
erdt .iSSeHtbiy met, that the resignation of
the said John W. Houston should at once be
rendered to the Governor of this State and
further
RtSoice'i, That copy of these resolutions
t..,,