Daily Republican., 1889-12-21

DeciAion.
Precisely at 0 o'cloc,, III.
court opened, with CHER H., mornl
gys and Associates Houston avg ,gp Vo1
Payntor on the beuch. uul,. ''uOb 4
Of leading citizens were on 49, nun
hear the closing speech az ", ui tarlI
AS soon as Crier Smith ,na,.' lan
court open w. G. sprnarre 'V Tcd
to de'end the application iol .'q, ~
mAndainus to compel Cole 10, Ky
Dougher'y 70 receive taxes All y ylla
ceipts under power OF atlgr,''v issue
person who owes the Tar "Vl
Mr. Spruanee started on hv ...
number OF authorities To MN it'yNa
Wesley Hawkins, the pe,ltI,,s ,I'' d
case, had a status before lie g'.., III
Judge Houston male NE ter',,l :,
the usual custom had been 10, VIA!
mandamus to be be brought tb,or MY
Attorney General. '"'ousa
Mr.. spruance offered a numbs, =,
thoritles TO show that a re,i,,|,s'V
osled can come directly beto,. ~. y.
THIS was an important Quest, % W.
the petitioner had no status h.,,, w
court, then he must get dow, Oe
ana that was all there vssof,t
In the discussion OF N, nr.,
Judge Houston stopped the s,n.s,'
say that the argument was an.
and could be left to the d seletlon =,
court. ''"'n o
| Mr.. spruance said that the o,ro..,
had not Denied the allegation. II r ~.
tltion and 1t was very singul,t H..
single case had been quoted in drIerrs
their proposition. ''-''
Mr.. spruAnce said that the pa,,l,,
was so connected as a taxpayer wnh
administration OF justice a, i, b.,
proper standing before the cour,
Judge Houston remarked that III.
titioner owed duty to the publ,e IN
Interest oil good government
II have got no interest In INV Ct,
no right to see that elections .Aal h.
aud equal, then ! am a slayc, s,,j
spruance.
Judge Houston remarked fin, N
was go generally admitted As IN, IA
debatable question.
Mr.. Spruance, continuing a,kel
may not this court safely rest man
general principles which have han
practice In this country! But th.n !,
ought to have done this thing n
other way. say the opposition.
| These people who have got grley,ba
should have come into court i1diyllu,
and applied for writ. o yea, that Wor
be nice little trap. TLink Of the n
uplicity OF cases there would be, Of
men each applying for a mandan1
Think OF the time that would be ~
sumed. Then the the collector could
any time 20 and accept the money d
knock out the case.
Referring TO the petition Mr. snrnp
tSi1 the allegations were not desled
| am willing TO stand hy the allnl..
facls. Let US see what they are. II
collector admits that these $50 applIc,J
to pay taxes were duly assessed.
lie then goes ON to give the detail,
bis office. From May to October he al
he sat and these men did not call 10
taxes, but from October ca the az
changed. He saws ho could 10, vi
upon oil who came. lie wss husy 10
correspondence and he was Sick AID
three weeks. He does not deny that d
payers IN large number. came 10
taxes, He does not deny that helm
Office at IL o'clock. lie sayay
seek 10 pay their taxes. lie ays "
$50 and more men came IN fHmulta
manner, under the lead OF selfish and
signing men, demanding tue right
pay. This man Dougherty admits u
these men aul others heset his Office.
Mr.. Gray objected aud said that
answer did not show that these ljO nj
were there.
Mr.. spruauce read tie answer
Dou2herty AMI showed that they Wd
there and the Chief Justice SAID that v
the proper construction Of tue lauguasI
Mr.. Spruancc, tumultuuus were lhaI
They had a right to be tumul,u0u', u
DouRheTty may thank God that lhfy
not hurl him from his seat and tear b
from limb to limb. ] am nui IN isT
OF mob violence but | must admire
forbearanco Of our outraged people
Picture the crowd Of taxpayers va
lug 10 pay their taxes. lhey stand Jug
Nithout murmur, VIII dinner "a
hanging to their AIMS, man CON
up to pay property tax aud lie cfoEl
forced to watt until the property MAJ
accommodated, Another and auola
property taxpayer comes up, snl 10
are accommodated and TIE crowd u
to wait Is 1t any wonder that ms n
aud that man comes up and PAYS hfN
my money and | demand my Teeefa
dlsregarded the rights Of ihess
This man Dougherty oitus sld saw
the door on who he pleas 5.
A Caesar" inter- olated Judge h'1
ton. II
II this man holds the keys on Wh0n
pleases, what are We doug ptoR
court, This 10 not defamation
solid truth.
Mr.. Spruauce then proceeded 10
cuss the power of attorney. u sess
son with an order to the bank 10 pp
note, will the bank refuse 20 atIsp'
money because do not 20 ihyse".
II they do aud the mote goes 10 ftww1
the bank has no action aga!Dst Jug,
should not an order I In llie Gang
for the payment OF taHei III 'u"
there is a stronger guarantee H. =. ' .1,s
OF an order there Is tie ieEAAlY ~
and executed power oi a'pFu5n
that power OF attorney Is iel VIA
, collector for his protection. M
MIR. Spruance In reierliug % 'Hs
ion of Judge Allison in IegaiI 'sn
J odt ,eeeints In hulk 10 PbllAlelpalsn