Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1889-12-20

hours Ahoweu Tor Afgument-tsrea
Interest Manifested.
As the Court House clock struck 0 thi
forenoon only Bailiff Fleming and q fe =
spectators were on hand, but soon after
wards others began TO flock In. The nrs
to arrive Of those who were to take par
in the legal combat was w. q. sfrusncs
Esq, followed BY q stoat colored maI
carrying large canvas mail bag full o
law books, which were placed on til,
table. He was closely followed by Sena
tor Higgins, In q pleasant mood, and th,
large man behind him with fiery mutton
chops is DR.. W. L. 8. Murray, who shifted
come rare forensic eloquence In the de
bate to come OIL.
Chief Justice Comegys came in early
and, takirg his seat, engaged ia q pleas
ant chat with senator Higgins. The tall
form OF George II. Bates, Esq soon
Jobn II. Rodney, ESQ. Senator Gray
came In as the crier finished saying .aod
save the State" Judge Paynter came In
at this time and took his seat. A lull oil
few minutes occurred, during which
time Judge Grubb came In aud took his
seat. Judge Houston WAS still absent.
At 10 o'clock Judge Houston was still
absent. At this time the Court House
was nearly Allied with an Interested audi
ence. Within the bar were Attorneys
Nields, Q oper, Holcomb, Lore, Mao
alister, Walker, Churchman, Lodge,
Ball. Turner, Harrington, Chandler,
Hayes, Higgins, spruance, Rodney,
Gray, Porter, Bates, Davis, McCaulsy,
Bradford, Curtis, Hiiles, Ward, J. w.
tCausey of Milford, George V. Massey,
Beniah Watson and 4. 7. Cooper oil
Dover. A large number OF the leading
cltiz~ns OF Wilmington were also present
inside and outside OF the bar.
At II minutes alter ~ o'clock Judge
Houston came IN smiling, received the
congratulations Of the court and took his
seat
Senator Higgins asked the court II he
should read the petition and papers In the
case.
Mr.. Rodney said that the reply to the
petition had never been read.
The court thought it was ne .eesary
that the papers should be read.
Senator Gray wanted an understanding
about division OF timo, as business
called him eleew here tomorrow.
Senator Higgins remarked that he
wanted reasonable time, as It was his
limited in regard 10 time.
The Chief Justice said he would hsrdly
want to change his luck.
Senator Gray suggested that Ave hours
would be sufficient for srgument, two
hours and half tor each side.
Judge Houston thought that would be
sufficient time.
This time was agreed upon by the
attorney, but not to include the time
consumed in readiug the papers.
Senator Higgins then proceeded to
read the petition OF John w. Hawkins,
asking Tor a writ Of peremtory maDda-
mus, and tue reasons for asking for such
mandamus. A synopsis OF the petition
has already been gwen in the REPUpLI-
CAN.
MIR. Rodney then read the answer to
the petition, which has also been pub
lished in the REPUBLICAN.
Senator Higgins proceeded immedi .tely
to 4 discussion Of the cas-, and said that
the rela'or made no pretelre in the re-
ply that his client had no status In this
court, and the petitioner had a right 10
come inlo court aud ask Tor witt of
msudamus In matter wherever a ne
glect to collect sll the taxes levied IN
creased the burthen OF TAXATION upon
himself
Mr. Higgins then proceeded to re9d a
number Vt su.hor ties where manda mus,s
were granted In similar cases. In quot
my authorities on the right OF the court
10 Interfere, Mr.. Higgins said that no
election could be fair without giving all
yoters the equal and full night to quality
Tor the franchise. The import OF all the
authorities quoted, was to establish the
right Of u private citizen TO apply for a
wit OF maid mus. Mr.. Higgins re-
ierrtd to III, tremeI dous power
placed IN the hands Of the COLI ctors.
including the selling OF property and i'm
pr.eonment OF The body, and asked II IL
could be expected that he would be al.
lowed u exercise these powers 10 his own
way without any ioitIaint. lie then
70 d portion OF The reply to the petition
In which the relator admitted 10 an inter
view with Mr.. Mahatiy that he did leave
his office, the eNiReucles requiring that
he should go out and collec. properly
taxes, In such manner as to show that
majesty and power aud sovereignty had
been thu upon him.
Mr.. Higgins stu proceeded to read
numerous au horlt.es covering and su.
ihurizing the payment OF taxes by agents
All persons assessed have right 10 pay
| their taHea BY an agent and to an agent
| and that In this debt for taxes IL not
different from any other debt, indeed,
said Mr.. Higgins, 1t is a debt of the
highest character, not affected by the
COZ stitution which compeis the qualifica-
tons OF an eleclor with the payment OF
taxes. On the contrary this made it i
higher duty OF a collector to collect the
| taxes.
This, said Mr.. Higgins, lie the first time
that parties have been forced to come
into the court and ask 10 be allowed Ia
pay tier debts. 1t was generally the
other way, that parties were brought into
court AID made TO pay debts.
MI III gius then read number o,
authorities from story on agencies, to
show that whichever man may do him.
sill he may do by all agent.
Mr.. Higgins lien reviewed the actions
OF the collector and hi, mode of receiving
taNes. Ills majesty has lad down set
OF rules to collect taxes In hts own way.
lie 10 well pait ios his labor aud II he
can not do it let him resign and let
another do II. He accepts taxes from
agents and by a4ents from real c ta,e
owners, but refuses to accept them from
poll tax payers. His hours are liked for
the busiest part of the day He takes
TWO hours 10 n"Or, sits M hours at
night and INDUCES iu long spells OF III.
ness.
H. says there is time enough vet tc
lay tErii taxes, when, 10 March next.
Ike bluebeard, he will cut their head.
oil by returning them as deliugucnts
This defendant is neither autocTai. MOI
ol karch, that no Should do tuis. Lourtt
alone have that over.
MI Higgins then read authorize,
showing Low even Chnepp sec ur,d HI,
rights under tue lith amendment Of ID,
constitution b. - writ Of IN ndsnus, and
m. de ~. LnI.ll. . lon ~. l..