Daily Republican., 1880-12-17
THIRD EDITION.
TME aAmE or BLURH.

HmE 10 0ot SuoAo NV9ssCe -
DFop hts Consest-The ''RosOlu-
tisn OF Impose hment."
The Joint resolution with reference
to Judge Houston, which the Democrats
threaten to introduce into the Legisla-
ture during the coming session.
WHRREAs, John W. Houston, one Of
the Associate Judges Of the superior
Court Of the State of Delaware, In q
Communication to the House Of Repre-
sentstives Of the United States Congress
and published in the public journals Of
this State, has declared that the
act Of Assembly Of tho State
Of Delaware entitled; "An ast in
relation to the duties Of Asses
sors aud Of the Levy Court in the sever
al counties Of this State, passed at Do,
YER, April 9th, 1873, the same being
chapter 81, vol. Ia, Laws Of Delaware,
vas drafted by oonspirstors and passed
by q conspiracy, and with intent 10 de-
fraud, and is in conflict with the Fiji.
teepth amendment Of the constitution
Of the United States, and therefore un'
constitutional. And
WHEREAS, The said John W. Hons
ton, one Of the Judges OF the superior
Court OF the State Of Delaware, in com.
munication to the House of Replesen
tatives OF the United States Congress
and published in the public journals Of
this State has declared that an act oI
the General Assembly Of this State, en-
titled IAN act in relation to the collsc'
ton Of taxes In this State, passed at
Dover, April 10, 1873, being chapter
372, vol. IA, Laws OF Delaware, page
34S r c., was passed in pursuance oI
q combination, conspiracy and agree
ment, aud that said act is in conflict
with the Fifteenth Amendment TO the
Consultation OF the United States, and
Intended to defeat its provisions, and
therefore Unconstitutional" And
WHEREAS, The said John W. Hons
ton, one Of the Judges Of the Supreme
Court Of the State OF Delaware, has in
/ a Communication to the House Of Rep
rssentatives Of the United States, and
published in the public journals ol
] this State, has declared that the per.
sons charged with the assessment Of
taxes, and appointed undsr the afors'
mentioned 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 in the several counties under
the laws Of this State, have unlswfully
improperly, wilfuIly and fraudulently
been engaged In conspiracy to de-
prive a large number of citizens Of this
State OF their right to the elective fran.
chise, and that in these unlawful pro.
o. edinRs have deprived large numb.r
OF the citizens of this State OF their
rights. And,
WHEREAS, The said John W. Hous-
ton, oDe of the judges OF the Superior
Court of the State OF Delaware, has de-.
elsrel in communication to the House
Of Representatives OF the State Of Della
ware, that the election OF officers Uf the
several hupdredI OF this State at the
last general election, were guilty Ofun-
lawful and fraudulent acts and conduct.
Ana,
WHEREAS, The said John W. Hous-
ton, being one Of the Judges OF the Su-
perIUr Court Of this State having in ad.
vance Of the appearance Of any such
question before the courts in which he
would be obliged to give his counssl
and assistance, and from an ex parte
examination, already passed upon the
cCns s.itutionality Of the aforementioned
acts of Assembly Of this State and de.
clared them to be in conflict with the
Constitution Of the United States, is
disqualified, by his own decision, for
proper consideration OF any question
involving the constitutionality Of the
sforem' ntioned Act Of Assembly which
are among the most important upon
the statute books OF this State, and
would be unable to render the cOnrt OF
this State, Of which he is part, that as-
sistsnce for which he was appointed
aud Tor which he is paid by the State.
And,
WHEREAS, II was the duty Of the
said John w. Houston, II he has such
in formation as he declares in said
Communication to the House Of Repre-
seutatives Of the United States, to be
in his possession, against the Collsc-
tors, Assessors, Deputy Collectors and
election officers OF the State, to have
lodged such information in the hands Of
the Attorney. General, and that having
already prsjudged the guilt of such
public officers he is disqualified from
sitting as a Judge, and thus deprives
Lbe State OF the assistance and coun
'tl Of one OF its most important officers.
Therefore
Resolved by the Senate and House Of
Raprese eutatives, OF the state Of Della
ware, in General Assembly met, that
the resignation of the said John W.
Houston should at once be rendered to
The Governor of this State; and further.
Resolved, That a copy Of these rsso
lutions be transmitted by the Speaker
Of tle Senate aud House Of Representa-
itaa In the Raid John W. HOuAtOn.