Daily Republican., 1882-03-24

A strange document was read oelort
the Levy Court yesterday afternoon
which led to some curious reflections
and showed the utter dishonesty of on
system Of assessments and collection
taxes. The document came from Sam
uel Eastburn, OF the Fifth Ward, this
city, and set forth in substance that ht
Was a DISTINGUISHED citizen and would
remain SO for year to come against
his desire OF wish to be distranchlsed.
by this enforced Acknowledgement he Is
deprived of exercising the full rights OF
citizenship, through no fault Of his,
The paper ended with a demand by
Mr.. Eastburn to have his name placed
upon the assessment list. Mr.. Febiger,
after the reading of the documen
moved that the name be placed upon
the assessment and the motion was
promptly seconded by another Reppb-
lican member. OF course it was not
expected that the motion would carry,
rs the purposes for which it was in
tended would have thereby been de.
feated, and President Bright promptly
ruled the motion out of order, as being
directly in conflict with the law, MT
Eastburn having been returned as de-
linquent and disfranchised one year in
strict conformity with the law, for not
having hunted up the collector some
times very hard to find, and for not
having paid his taxes Mr.. Febiger &C.
knowledged the correct ruling of the
chair by saying: 81 respectfully bow
to the decision of the chair" We are
not sure that Mr.. Febiger did exactly
right, but we have not the slightest
doubt he did exactly what he thought
was right. We are nc parliamentarian'
but it strikes us that an appeal from
the decision of the chair and that ap-
peal decided by yea and nay vote,
placing every member of the court upon
record, would have placed Mr.. East
burns case in stronger position to
support Mr.. Eastburn's intended appeal
of the case to the Court Of Errors and
Appeals, where the constitutionality of
Della wares assessment laws could have
been passed upon. Perhaps the case
may be strong enough as it is, at least
we hope it is, to gain the desired
object. 1t is not likely that Mr.. East
burn expected that his name would be
placed upon the assessment, but he or
somebody else had to make commence.
ment somewhere to test the constitu-
tionality of the DISTINGUISHING law Of
the State and Mr. Eastburn has Ger.
tainly made a right commencement.
The matter is in such shape now tina
an appeal can easily be taken to the
Court of Appeals and if that court de-
cides the assessment laws unconstitu-
tional, thai collector has no right to
return taxable as delinquent, until
he has made every reasonable eft TT to
collect the tax he owes, then there is an
end to the matter, but If the decision |
should affirm the constitutionality Of
the law, then still another redress is
left imam appeal to the Supreme Court
of the United States, where perhaps the
constitutionality Of the assessment laws
will be passed W on, but the question
of whether Delaware has a Republican !
form of Government, may also come
into the decision. MI Eastburn is en-
titled to much credit for taking the
matter in hand 50 resoiutely, and
though he will be deprived of his vote
for the present year, by the stand he
has taken, he may do more good in
freeing the STAGE and the people from
the operations of unjust and tyranical
laws than if be had a dozen votes to
cast.