Smyrna times., 1889-12-24
The Question Of a Fret Ballot
A LEGAL TILT IN WILMINGTON's COURT
OVER THE TAX MANDAMUs PRO-
CEEDINGS-THE POINTS


A LEGAL. TILT IN WILMINGTON COURT
OVER THE TAX MANDAMUs PRO-
CEEDINGs-THE POINTS
AT ISSUE.
There was n brilliant array of Della
wares legal and political talent in the
Superior Court Friday in Wilmington
to take part in or listen to the argu-
ments in the mandamus case growing
out of Senator Anthony Higgins efforts
to have the cOlOred Republicans of
New Castle county pay taxes and
qualify themselves for voting by
proxy. The decision of the case will
have a very important bearing on Del
awares future political course, as the
Democrats claim that to allow voters
to act through attorneys will open the
food-gates for all sorts of illegal vot-
ing and corruption, while the Repub-
licans contend that it will enable them
to bring out their full strength which
they have not been able to do because
of acknowledgements.
United States Senators Gray and
Higgins, representing their respective
parties, were the leading figures in the
legal combat and they were very ably
assisted by other gentlemen whose
regulations extend beyond Delaware's
narrow limits.
SENATOR HIGGINS ARGUMENT.
Senator Higgins led off for the Re-
publicans, and it was noticeable that
he seemed to lack his usual fire and
earnestness. Perhaps this was because
the Court had decided that the argu-
ments must not last over five hours,
each side to have half of the time.
The Senator's argument offered to
show that private persons have a right
| to apply for a maudamus to enforce a
public duty, and he quote volumi-
nOusly from law authorities to prove
this point, and also that all persons
against whom a tax is assessed have a
| right to pay it through an agent. He
! held that tax does not differ in this
respect from any other debt, and that
| its character as debt to the COmmu-
| nifty is in nOWise affected by the fact
that it is also made by the State Con-
stitutiOn a qualification for voting
DOUGHERTY AS AN AUTOCRAT.
"In the present case" be said, "the
instrumentality of il power of attorney
through which to pay the taxes was
not only authorized but made indis-
pensable in the payment of the tax by
the illegal conduct OF Dougherty." He
charged that DOugherty acted as an
autOcrat or an oligarch, and discrimi-
| mated against poll taXables in favor of
property taxables.
Mr.. Rodney, who followed the Sen
atOr, speaking against the mandamus.
cOntended that the right 10 vote was a
personal and private right, and that
! persons whose franchises are alleped
to have been endangered are the ones
who should petition for writ of man
damus, and not their attorney.
THE CURE WORSE THAN THE EVIL.
At the afternoon session George Fl.
Bates continued the argument for
Collector Dougherty. Referring to
some statements by Senator Higgins
regarding practices in Wilmington. he
said IF there be such abuses as my
learned friend has charged. I am
equally opposed to them with himself
| am in favor Ofthe fullest liberty Ia
vote for every man who has the right
to do so. But there is another side to
TINS matter from that which he has
presented. IfyOu open the door al
which my friend stands with his band
upon the knob you will open the wav
for worse abuses than any that have
yet been seen. If these be grievances
let them be remedied, but do not Mt.
tempt to cure one or two evils bv re.
sort to a system that contains the
germs of disease ten times worse than
those we have suffered FROM"
SENATOR GRAY's FLEA.
The speech of Senator George Grav
which was the final presentation of the
Democratic side, was an eloquent ples
for proper safeguards about the ballot
After admitting that Doughertv's
office was pretty ministerial one 50
Tar as the collection of taxes is con
cerned, he argued that there was vet q
particular discretion attaching to it il
the qualification of voters The Sena
tor cOntended that Dougherty had 3
right to demand some proof of iden
tlty in those claiming to be voters. and
that they should attend in person.
Senator Gray charged that there wa.
not the slightest proof that those wht
had been given the power of attorney
had been paid taxes by the voters
These attorneys" he said, ''are mon.
umental in character They are will
ing to furnish the money with which
the taxes may be paid. l should like
to have such attorneys every Christ
mas to pay my bills.
A VOTER SHOULD PAY HIS TAX.
Il am not alone in thinking that a MAJ
should pay his own tax before voting
1t Is good, wholesome provision
wrested from its true purpose wher
the taxes are paid in blocks. The
meaning of our laws is that politica
power shall go hand in hand with tb,
right to vote"
The senator then read from a re
port of the remarks made by Judge
Allison and Arnold of PHILADELPHIA
when disputed election eases wer,
brought before them, and when the,
declared that the practice of havinI
voters taxes paid by committee wa
+ lllegai ana immoral and sufficient Il
Justify the rejection of vote.
> 1t had been intended to hear all tn,
, arguments that day, but by 4 o'clocl
! the judges were tired and adiourne,
Court until 9 o'clock next morning. fo
MIR. Spruance to close the case with al
. argument for the mandamus.
&, MR.. sPRUANCE's ARGUMENT.
Mr.. SpruaRoe started off by ouotin,
a number of authorities to show tba
' John Wesley Hawkins, the petitione
, IN the case had a status before tn
court.
Referring to the petition Mr.. Spru
ance said the allegations were not de
MED, and l am willing to stand by th
, admitted facts. Let us see what the,
6 are. The collector admits that tbes
$50 applicants to pay taxes were dul,
assessed.
: He then goes on to give the detail
of his Office. From May to October he
says he sat and these men did not cal