Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1889-12-26

q duplicate tsX Eeoelpt must Oe MADE III |
person, leaving 1t reasonable inference
that the Intention Of the law IL that the
original tex must also be paid In person.
Mr. Rodney concluded at / O'clock,
when court took . recess for one hour.
James l.. Wolcott, ESD, of Dover,
came into court iust before the noon
adjournment.
The argument upon the application was
continued in the afternoon.
George II. Bates, Esq, spoke first in
opposition to the writ. He referred, in
detail, to the authorities quoted by Sena.
tor Higgins in his Argument for the man.
damus, and held that they applied mainly
to proceedings With reference to railroads
and bridges and were not applicable to
the cage under consideration. AS to the
right OF the petitioner in this cage TO
apply for writ of manismus, he con-
teuded that to warrant a private ci;i2en
to act in this capacity 10 must possess
m re than the mare interest that the
failure of Che collector to collect poll
td1es win increase the burden OF taxes on
his real estate. Air. Bates said that when
the subject WAS first brought forward he
was inclined "a belief in the Iigh. OF 4
citizen to delegate TO another the power
Of paying hin poll taxes, bnt upon mature
reelection, and dne consideration Of the
re!atione, under the constitution OF this
State, OF tax paying 10 the exefcise of the
elective franchise, he was convinced that
SO fHr ~ the law Spplies tha right 70
qIeilfy "a AZ elac'or Is o prigate snd rot
o public right, and cannot, therefore, DO
delegated 10. another. II concerns the
citizen alone and does not involve the
| rights OF others.
| Ihe reRl, serious question involved ia
this application, Mir. Bates held is
whether or not the character 81 tie duty
| TO no performed by IN elac-or in order to
| qlaiisy himself FOR voting il such rs may
be performed by uno.heE. The other
eids had isilel 10 show thnf after 4 person
armsd with p1%efa Of attorney By the
] wholesale hNd secured the qualifications
I O! voters lie cPUia also cast the votes Of
1 thcss thus p1sliied, in Blocks OF fiva" or
otherwise. Nit. Bats referred to the rogiS-
4 itAtlon Law governing ch9esar elections ia
4 tie city OF Wilmington, which requires
that M oihsrwiss qualified elsctor must
first be registered before he can vote,
But 10 citizen, ia . nyErsd, had the right
TO rcgiHtsr 10 pFpS but must invariably
do 50 in Deraon. Senator HisRina, he
eaid in case before this Uni.od States
court several yHGf5 acc, involving tbs sp-
poinlment o. Dotted States supervisors TO
qcsutinlza thu assessment liatg Of this
county, had very leatnsaiy aeIuel thot
the assessment Gf voters was in effect q
registration, which made il Legal, under
tie United States statutes TO appoint
supervisors to scrntinizs the lists.
r. there were any abuses praoticed
unaer tie assessment and tax laws Of this
State, Mir. Bates said, he regretted their
existence a. he was in favor OF REIordins
20 all citl2ans the fullest and faireat op.
postunity Of ln3i flying themselves for
voting. But the abuses cOmplsinad of in
the pressn. action ara not al on one side
OF the door, and ii the court opens the
door upon tine knob Of which the appli-
cRntS for this mAn3smu5 have their
hands, X will pGve The way for many
more serious abuses.
The case rests, Mr Batos commended,
upon the broad grHHai Of public policy,
and the court, in ths exercise OF its die
erection, will I'M. bsfosa giving to any
insn RrMsd with a power IF attorney,
ire power 10 put in his pocket the night
If 40 or SO men to the exercise OF the
elective franchise, Mr.. Bates mex. re.
faped to the Law repairing the collector
but lost his r0reigl, duplicate receipt
ppoa tha pawn ut Of two cents But
. peopls who do not take sufficient interest
| ia ihrir elective franchise as 70 come in
person Gnd quality Themselves BY Tho
payment 1s y TAX, Rfs no. saGh rs would,
{ when their qlt! @.icns ware in the nos,
) session OF OIL w4o hRi procured lherl
) by yictup nf powor of attorney and
persisted IA Keeping them come forward
ppd w the procurement or duplicates
/ tLWars tie attempts o. those who bblG
/ thsir suffrage qualifications in tEei!
r pockets 70 dictAt5 aud dispose OF theil
votes,
} The Faurteen 81 endment to the con
BtttaSion o. the Cui,ed States, T" which on
: friends or the othor side regard as q sor
3 Of liver pad Tor tue cure OF all diseases q
/ lie body polite, aaid Mr.. Bates, 'hat
a no possible application TO this question
= Az 10 tho rSGk 10 issue writ of m6u
I dsnus in thls case, the proper q1esiioi
Q for tAe court 10 consider ia whether j! i
I wieo method for remedying the evil
. complained OF. Il is a serious question
Il enEtFer tile attempt 70 thus cure on
o eva, or m evil Administration OF aye
I tern would not Introduce a new system
IS containing tina germB OF a diseaga ten
q t1l3 more bRieful Ia its effects than tn
Il ole for Which redress ia sought.
f: IN ccnclGgion Nh iittes referred to til
4 crest wave rt pablic sentiment no.
q sYecpins over Lle country in fever Z
Dallct raform, ard hali that to grant "a
X player o Ale petit!onr. III this case won!
!. % d atpp backward, and practicable
y tltning 81 the faces y the people Of pc
b asrLra Egatast NOV n4nt n favor Of