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

III1tITTWIy HUJIITWVTJH
was nude To him as collector 10 issue largo
nutabers Of poll INK receipts and deliver thcm
In such large quantities into thr hands Ol the
person Who made This application; he not be-
INK d taxable wlIoseTutript was thus called for
Wasrh this defendant has uniformly
declined TO do, bolia3ing that such q
course was conducive 10 fraud and was
unwl5r injudicious aud unlawfUl ami as this
defendant believes, the placing in tue hands
II any onr Individual Of large numbers Of TAX
receipts Of other persons would hr productive
Of results much to bs doplnrod. and give TO the
person 80 holding the poll tax receipts an iin-
proper and unlawful influence and conlFGloNor
Inc sail taNnbles contrary to the spirit Of cur
laws aud Institutions
q The cdufrndantfurthers shows that stlbaG-
qurutly the same application was sunsthn-
tally renewed, the parties making the apidi-
alton producing letters of attorney purport-
iugS tOAHtbpriHp their action aud demand. Ana
ms deenhant admits, as II charged in the
petitioners statement that he did refuse to
acknowledge, nCcCpt, or act upon tho letters
o., attorney aforesaid, having been advised
llnl hc was not Obliged to do so, and thus pro-
cedura being obnoxious 20 the same objection
hs Il set f"rtll IN the preceding paragraph. ANA
the sItd defendant for further answer IN thiS
b-hhlf says, ttlnt he u still collector of taxes
iol thr Northern district Of Wilmington hum
drcd and maj thu usAhhlrs named ~ me fetl-
l.uuHud VINO rNurltua tho lOttels ol attorney
aforesaid, still hfSe, mud viii have nntil Mnfch
nrNt fun free end gmplc upporunity 70 pay
NtUir poll tH&Gs, and the Atld Defendant y
lrH!y and willing MS hc has Dnrn heretofore 10
receive the same, subject 10 Tie proper control
huH manuEaInent ~ him 81 his Oitce a. sMth
rulUGtnr.
II. tIe dafcHdsnt thus answering the alle-
cations III HE pGtltlpnt,'s statement desires
further particularly 10 reply ~ the statements
set forth In several Oi the aitlhAvits filed in the
cause to support the motion for rule. And
first He denies positively tho allegation
contained in the anidhNto Of samuel W, Wht1is-
Wurlh, namely, that this defendant upon mp
picatiDn to him by The dcpunlnt for tax
receipt, replied, '.lOI arc not on the list,
without examining the said list rs 10 that tact;
80 .tt.H
lively that hH always made careful rAhnnnh-
Won ~ the said lists and II tho natno was NOT
iminCdintry found the examination wus agnln
made with Increased cnre and caution.
Secondly. lie defendant admits that he did
as SET forth III the aiiilayit Of Henry y.
MahHlfy, close his Office at noon rs therein
stated, and that such action vas rendered
necessary by the fact that he was Comnoilea 70
so out aud coilUCt the real estate taNcs OF pet-
! epn@ Who fHiica or were deferred ttVm
| coming to Ills Office, ana that AT times
| his cutrcap6ndrnce and other business con-
| nrctcd Hiih his Office Of collector required his
| atteutiltG ttnt upon The occasion referred u
| in the sail ltlidnyit tho sail Henry z. MhhHtty
| tntcllrrcl in violent, un'nlied for ald ~
! nulh JriHrd Inhunrf,cllcAlatedtn tn excite trouble
| ana fpmuut i'll iceinS4 anu ihiA dcleHlAnd
I stated 10 him tlEar IN would iunnnEe hsohire
| in accordance with the leItthLdsu ul tGc nLa!-
| ness Of tho same
| Thirdly Ia reply to tho facts set forth IN the
| ayers ami saws ~ has .ncnn hmreinilrr Ataoei
! that hu hnd expressly directed his 'lrrk not 20
! give he poll ijly receipts, resprving and re-
niat ns tHl inr Sn'h ps 2 oHn HI dITs psr.,nSl S
care aWd siperyiSiOiI, and that hG did
| rciuss II dcliVen the ansd taN receipts q the
said radlE in III" ahAenrn OF thS tnAithies, ~ p "A
f, such refusal. As 10 Ihr other oliiavits pre-
secuted, the defendant Submits they are unm-
| p0E!ant, irrelevant antl frivolous anu ne De-
mes wnuiovrf Ciihrgi or suggestion may bo
/ aimed In them us 10 any Wiltll neglect ~
duty, ~ improper performance q me same on
1 his ia"l.
rsnli uf the petitioner 10 make the upi'lirh-
ton in this case, ior the rehsoil EH7li others
appearing upon tho faccOl thr petition thilt the
grounds sGt forth as giving him This right, %
Wit, los % revenue 10 the county, and tho pre-
vcntCu o tho riGl.t of any Ucrson t0qial'ty as
an uN.tpr hy rcnspn pl the hon-phymrnt oi
taxes rrlrrrcd 10, de- not tnh niAy not ni NO
ct=7,tg rE.st, inasuuGh rs there is yet nearly
thge. months III which any taxable Gan Hom
pctc ans perform the duty kc owes the I'ubl't
by coming forward and paying the tax as
! sCssnd upon him. a.
Vncrrlorc thndcfnndant ptaySeour honor
| To discharge the rule laid upon him with COSTS
At:ag.aLt. Rodney hNd hied his answer
Chief Justice Comegys frst delivered TIL
charge to tho jury IN rho case Of Walla"t
VS.. the Wilmington h Northetr RlilroAt
Company. Then Mr. Spruane9 and Sennto
Hlggirs. wnn had gone to one side to rcar
Mr.. Rcdney's reply IN the mAndamaa case
care BACK into court, anu air. a9riAle
announced thHt he lnd his colleague hat
: glanced over the reply hur,le4lY, aud ina
the material allegations made III their mp
plteRtton were not denied, and thGt ths!
we're ready to proceed with the case. Tn
rpsater sald that II tue cnurt Here Willin-
they were prepared to call tnelr witnesse!
Saturday.
Mr Rodney replied that It had taken hin
all OF Thursday pnd the most OF the sue
; caedtns night to formulate his roplY Rnl
? q. - l,gt IA bad NOT q lIIf
tlmeto become thoroughly acquainted Wit
; the points OF the caEe. Besides, he sat
. that mis- colleague, Senator G-ay, bhd orl
bseorip associated with him in the Gag
phursaaY afternoon just bnfere the opeptn
Of cnart aud they had NOT yai conferred o.
, the matter
Senator Higgins tried to inlpress5 on tn
court that the case should be opened 500
and sooner the better aIOr Ii mandarin
cases," he said, "time Is the eslenc3 of m
remedy" lie added that delay might wof
{ harm. Fe argued that Mr.. Rodney mU7i
OF necessity, have famtltarizsd hlmeelt wit
l the case by reason OF his connection Wit
il, and urget that the court should hea
the presentation OF facts by their Witnesse
, Saturday which would In no wise interfer
/ with Mr.. Il )iney's reqlaRt for brief rCsi
I ponemenl but would give him additions
opportunity to find out their entire side {
the case.
!, MIR. Rodney replied that he felt TINT
/ was entitled 10 short delay under the 81;
t curnstancas in order 10 consult with Sar
: efor Gray. He stated that the latter ba
/! engagements to fclfl in Washington dun
! ing tine early part OF this week. Mi
] Spruance shortly afterWRrd retorted thf
/ he thought that Senator aray's duty her
! IL quite as important a one as uny which !
h Gun be called upon to perform iu Washinf
Q ton" Mr.. Rodney left the court room Tor
! short time to consult with Senator Gray
:. he found him and upon his return th
court set tomorrow as the date for argl
t nent. "-5.-
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