Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1889-12-19

tho common right, but say that in this
instance 1t il vitiated by intended fraud
on the ballot box, and is therefore barred
as public danger.
Tho best authorities on the subject, out
side the courts, are of the opinion that
the matter should, and will be, Femanded
back to the levy court as being case en-.
tiroly within its Jurisdiction.
This whole contest ID one affecting the
execution OF the law OF assessment aud
collection Of taxes by the officers OF the
levy court. These officers are bonded
and are responsible to the levy court for
the faithful performance of their duties,
and can be removed by the court for sny
failure or misconduct. An appeal for the
Rllsgsd wrongs not having bsen made to
Q court that is Responsible for the con-
duct OF thu collectors, il is believed the
superior court will remand 1t to them for
consi deraticn and action.
should the writ be confirmed by the
superior court the matter will be ap-
peRlod to the court OF errors and appeals
and will probably be hung up with the
case now pending, which involves the
eonstitutionality Of the assessment laws.
The authorship OF the assessment law
is credited TO Thomas L. Bavard. ASA
matter OF faci no know nothing of it8
provisions until it had been submitted to
the Legislature, printed and copy sent
to him.
Tho provision in the law governing the
collection OF taxes by which the COL
lec.ors are compelled 10 sit for five con-
secutive daysst some advertised place Tor
the collection Of poll taxes, was proposed
1 by him and insisted on as measure Of
duty by which to determine the exercise
81 due diligence on the part OF the col
lcctors. This, in the opinion OF Repub.
4 licsus, has been tho saving clause Of tho
/ law. VT the man who originated it and
\ insisted on its adoption has been tbs
RubjaGt Of their most venomous d.
\ fractions.
The enactment Of the Law dates from
1873. Il was intended ~ measure Of
I defence from the encroEchmelt OF the
Federal power. The fifteenth amend
mept to the Federal Constitution had en-
iraaehised the negroes, AnI the Rspubli-
cans, intrenchei in the United States
! courts were threatening all who opposed
? tnem with dire iudgmeuta. La this state
4 Judge Bradford was Unitel States Dis-
4 trtot Judge, Anthony Higgins was Dis
4 triot Attorney ard John H. Dnnn wHs
4 United States Marshal All thase msn
4 were rabid partisaus. Every man charged
with an offence against the election laws
4 was at their nletcg. The district attor-
ney indicted whom he PLEASED The
narshsl summoned only such igs9rs ~
suited his purpose nni tina judge, con
1 trolied by strong prtjudicas, WSs dis
( rN1EEH IN ma 10 l1fs stay,u1FFAa 90 g1rEve 40
4 possible. Under these conditions the
court, instead az being defence to tae
innocent, wa7 converted into en- instrd.
mept oil politiosl coercion and raysn99
One tAx collector had bsen indicted,
tried and convicted Judge Bradford
fined him s. $50 sni costa, and was Only
prevented from atiiag Imprisonment By
the interference ot jaatiee Strong. This
4 mans ofenoe was Eimply . technical one.
His CLERK hal made an entry upon the
delinquent tag list Of ''left the Staten
opposite one name aud had inadvertently
"dittoad" nun5ar pf otknr names fol,
lowing it, The collector could have
cleared himself OF the charge at the
expense CT the clerk, hut chose rEthaS
msnfully to bear the odium and pay tue
cost, relying uqon ths state to repay
what had been tGken from him Wills il
it's BarVice.
Al matter Of fact, Republican tag.
collectors have been az bitterly partisan
Ne those Of the Democratic percussion
Senator Bsyard was frequently tAs snSjec
OF their inciyili5ies. On several occa
sions when paying hiB own tax he was
refGHed the receipts of men working FOL
him and living in bis own family.
de was made aware of tho aohomes o
the Republicans hy tbs confessions o
Lien concerned in them. He knew vile,
rapeaters were lodged in the Federa
B1l5irg in this city. how many tGss,
we're OF them and their proposed plau d
6aa3H lie knew when taz reesip,s wett
teing boarded in the safe Of the cit,
%atsr Department for the purposes 0
inpars2pntion and trau1 Ia tae lltts
case tls informant offered 20 steRl 3J
receipts and deliver them to him.
IA6 application for wilt OF man
Janus il confirmed would establish jas
ZACH Ho'apE Gagaau Of fsSu 3ul5nl pnppl
ana distribution. u would not onIy s
Ugal against lie Democratic parly. bu
tAosg into EGOa hluts tGa reosiDts cam
vqGld ase the p9Haf thus given them +
cr@ ID taeil opppEtntE III TIDE Il Qgb!iog.
party.
Tie acts d tie ocllecters il ebssntin
iGsasalves iEaai their olisg il n no wis
sH ATTRACTION * the l8Y. TGa law dge
4at cHateiup ia Or lE2Ftis Tor an
gaFntC5sN TAX GlG2G rHe does I. enmps
tuc4 e give pse-smiaE .as 4 any kinf 0
ts. EEa pr1di Of TAG uCiae II Ii Gslloct
.lg tbs greater taxes .a therefore
E4ls E1lsiEEga ta0t igniBh i.rt..ls a. esn y