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

4
that he will receive the taxes proffefed |
By saxables in peruon, but not those Of
fsred by virtue Of powers OF attorney ?
The opportunities for fraud by the pay
ment OF taxes by powers of attorney are
greet. The plain meaning and intent OF
the constitution OF the State, he said, is
that every nun shall pay his own tax.
The constitution says ''every man who
shall have paid tax" ETC., shall have
the right to vote land none other" The
inference, therefore, is obvious, that
man must pay his tax in person, other
wise be cannot qualify himself for vot-
ing. In support OF this proposition,
Senator Gray quoted the recent inter-
anee Of Judge Allison o. Philadelphia,
in which Judge Arnold concurred, to the
effect tibet the payment of taxes ia bulk
by the Republican and Democratic com
mitteas in Philadelphia. was an Illegal
qualification OF voters, Rnd that unless
niGn paid his own tax aud procured his
tax receipt in person, he was not legally
qualified to vote.
Mr.. Gray next referred TO the Uniform
Ballot Law of 1881, the object of whioh
was 10 protect the eiti2 IN ia the free and
unrestricted exercise of the right Of But.
frspe, mud 70 prevent him from bsing IN
Ausncea IN h5 vote by coercion Gn5 in
limitation. The meaning and intent Of
this Inv, be emit il that u mans right 10
vote shall not be taken from him and
delegated to another person, The grant.
inc OF powers OF attorney does not throw
any protsctian around tho issuiag Of tax
reoetpts tuerson. pha attorney secures
possession 81 tue receipts, which arc this
prerequisites for voting. s mau might
a. well 90 ID the coileetor with written
list 81 Names unacaompan;sa by . power
OF attorney and procure receipts for these
names. He closed with sn earnest pro.
test arainst this attempt to secure the Aid
o. the c0utt IL M ATTEMPT to control the
elective franchise OF citizens
Senator Gray concluded et O'Clock,
when court adjourned until . O'Clock Sn :
urdRy morning Oats u large crowd VIVA
preseat during the soason and this argu
were listened to with close atteation from
irst ID last.
W. q srRUANCE's ARGUMENT,
AT session 0 Superior O1tr Sa.urday
morning, William o. Spruance, Esq.
closed the Argument in the mandamrs
case, spaaking in favor OF the petition
FOR the welt OF mand&mus against Goilec-
tor Dpnghe.tT.
hi apguanca frst argued rs TO tho
thorough competency OF the petitioner in
the case, john w. Hawkins, to make APP.
! plicAtlon tor the Fri( Of mandamus. Hig
\ status iii the court vas undou0led. He
said that the defence criticised the csRes
cited IN support of the petition, but
4 failed, on thslr part, TO site any authori.
ties in support OF their Opposition. Mr..
\ Spruance reviewed the authorities cited
4 by Mr.. Higgins and iuaintsined the per
feet proprlBty OF their application to the
! pending case. He fiuiculed the iaea thai
each 81 the parties aggrsved by the &C.
ton Of he collectors applying in person
/ for 4 writ Of mandsmus. II would aim.
ply ba multiplicity Of action, = hundred
and fifty men applying for as many writt
OF mandamuq. the proceeding in it,
present nhape, he maintained was right
and proper.
hir. Sptusnae next reviewed the answe;
OF Collector Dougherty, and held that BIZ
did not deny tha essertiai allegations o.
the petition upon which the RupiicatioI
for the writ OF mspiamus is based. OF
the contrary, he Said, tho answer was III
admission that the petitioners had ap
piled to him 10 pay their tazes, M !
declares that they came to tho office il
the mouths of October and NoTembe
and acted tin Jumnltuous manner,
"He may thRnk God, said Mr.. Sprlauce
''that they did not tear him limb from
limb. lie was robber of tha rights o
these cilizsna. Ho defisd them, OF b
now defies the court"
Mr.. SnruGuce commended that the RICH
to pay tAxss 10 person carried with it tn
right 10 pay them by duly authorize
agent OF attorney. The collector had n,
ri3htto question money OF red with tn
powers 81 attorney, or to inquire wheths
it was paid by Tie person aigning III
document Or ~ any other person. tn
power Of attorney is the highest authorit
kpown for authorizing one person to &C
for another. The collector, in his answe,
does not deny the authenticity OF tn
powers OF attorney presented to him, an
thereby admits their correctness. hi
Sprusnc maintained that the collector
should be compelled, by msndRmus,
honor the powers OF attorney.
Mr.. Spruance concluded at l0.l
, O'clock whsn court adjourned unit
Monday, December 30th.
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