Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1886-11-17
FOURTH EDITION
To be Tested.

10 DO Io9kous
On Monday last three summons
were served by the Sheriff upon Patrick
Neary, county tax collector for the
Northern District Of Wilmington, citing
him TO appear before the Superior Court
OF Delaware to answer the complaint OF
Walter Bacon, Esq Edward I. Taylor,
secretary and treasurer OF the Artisans
Savings BANK, and John M. Freiszel ben,
an employe Of the Vulcanized Fibre
Company, residing 1t 800 East Ninth
street, for illegally depriving them Of
tax receipJs after they had offered TO
nay their taxes, by which refusal they
we're deprived Of their votes ut the late
election. Anthony Higgins, Esq., Ii
counsel for the plaintiffs, and he will
| no doubt be assisted By other able
counsel.
The suits are brought TO test the co. :
Istitutionslity Of the Assessment laws,
and Collector Neaty has been selected
| for prosecution ~ the agent OF the law,
and not that no Is any moreguilty than
any other tax collector In the county of
disfranchising citizens ont OF their
Ivotes The PLAINTIFF, with Mr. HiR.
gins, called upon Mr.. Nesry few days
before the election, aud In gentle
manly manner Offered to pay their
taxes for 1896 Mr.. Neary In as gentle
Imanly manner told the defendants that
ithey were not assessed and their names
Iwsre not upon the duplicates.
l Mr.. Neary then complied with the
IreQuesJ OF the plaintiffs TO look and see
II their names were upon the duplicate
of 1885, and informed him that their
names were there but that pen had
been drawn through them and they
were returned TO the Levy Court ~ de.
hDquents. The plaintiffs then proffered
Mr.. Neary the amount Of taxes with
which they had been assessed, which ht
ideciined to receive, rs IL would be cou.
trary to law. Mr.. Higgins and the do
PENDANTS thsn retired.
/. The purpose of this action 10 to tes
the constitutionality of the assessmen
laws, which directs COLLECTORS TO return
TO the Levy Court as dsliDquents al
those who had net paid poll tax.
IL 10 claimed by the dtfendanti
that the Legislature has no right u
tenact a law that conflicts with tlSe con
, Istltution, which says that every NAL,
tcitizen over the ege Of %, and having
tpaid q county tax, exc, pit paupers, in
saue persons and persons convicted o
felonies, thsll have the right to vote
By the provisions Of the present assess
mtnt laws the Legislature does not ri Y
10 citizen assessed the privilege to pa,
his tax a. any time within the wv
Iyears specified that he may select i
tplAin terms 1t is COMMENDED that the coI
tstitution conte plate. that the na me
tof ell taxables shall DO left upon th
duplicates and that voters osn seltt
(which year they shall pay taxes fo
THAT voters can QualiiyEto vote ut Rn
.. time by the payment oFBC. taxes, Al
that any law thar doe. 2y;;;.:,ve fher
this opportunity is void AMI. 1onst
y ltutional. 'P.
III To respect 10 Taylor the facts ale thi
he paid his tax for 1883 In Janusr.
: t1sS4, bu; aftsrssrd forgot 70 pay b
4: tax for 1884 and WAS fsturned Al q
(: Terror or delinquent; bot 1885 being Il
/: year OF general assessment Taylor
name was again placed on the asses
mant list, bot he again forgot TO pa
p' bis poll-tax for til AZ year and was aga
retuIned rs an error "a, Collector n ear
When Taylor Discover. the predio
men. into which the lSBS had plAc,
ct him, he made every Effort TO a:qui
again his right to vote, 81 d three or 70,
days previous 70 the election called upt
NeAry, in company with Higgins, b
Il attorney. and offered to pay his tax
r 1885 This the collector declined to I
81 Iceive and Taylor lost his vote. he d
not vote ut tho ls,e election.
II Bacon's case 10 somewhat simils
's,TT He kAid that he paid his tax In IL
nj. Iprevlous 10 the june election, bat tn
let he neglected TO pay his tax In 1885 81
zoe sas returned rs an error in cons
D" Iqusnoe. He likewise offered the amou
of his 1885 tax TO Collector NeSry q di
;, Tor so previous to the late eleciio
which WAS also refused by the latte
collector Neary says that Bacon b
never paid him any tax, and that
has returned him rs as error regular
I'M for 1888, "a and 'S5. There was &c
nd sral assessment in the winter Of 1Sa
"a under a special act OF the LegislAtu
av and 1885 WAS the year Of general I
II sessment Bacon did not vote ut
10. late election.
The circumstances of Freisziebei
Acknowledgement are similar to tho
relating TO Tsy lor's case. He was
Turned as an error last spring, not h.
ling paid his poll AZ In 1885.
1t IL the determination Of Mr.. FL
Igins to push these cases with all
expedilion tho law will permit.