Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1890-01-15
THIRD EDITION.


But Collectors Must Honor Powers OF
Attorney In the Collection OF Taxes-A
Tux Receipts Not a Qualification to
Vote.
1t having been announced that the
msndamus case would BE- decided this
morning The space within the bar OF the
Court House presented an animated APP
pearapce. Nearly all the members Of the
bar were on baud, but among The ab-
seutees were Senators Higgins and Gray.
Afcr reading the opinion OF the court on
the application OF George Williams, the
slayer of Walter l.. Wright. by Assoc
ciate Justice Paynter, Chief Justice
Conveys proceeded amidst the almost
brealhless silence that prevailed to read
the decision OF the court, which was
urapimous, upon the application OF john
| w. Hawkins for q writ Of maudamus to
compel John j. Dougherty, collector of
taxes, to accept taxes by power OF
attorney.
The Chief Justice regretted that the
question to DC decided partook OF the
nature of politics aud he was appr0hen-
s!ye The decision would fail to give salts
faction 10 natter how II was decided.
The Chief Justice then considered the
objections set forth In the argument OF
the counsel for the defendant. First,
that the ielator has no practical interest
III the subject matter oil his complaint
except in such a minute degree rs would
not Justify the Court In setting in motion
its extraordinary remedy for alleged
breach Of public duty by An officer, and
second, that the applies is made pre-
maturely. With respect to both these
objections the decision was that john W.
Hawkins was sufficiently interested as a
taxpayer to have = standing In Court,
and hat be WIS warranted In acting
when he did.
The Chief Justice then went on 10 dis
cuss the power OF attorney, aud said thai
man had the tame right to pay hi,
taxes by power OF attorney that he had
to pay any other debt by the same power
and that the collector dared not refus,
} the money so offered at the risk of ,
prosecution both by the man refused OF
by the Levy Court. But while the col.
/ lector WAS bound to receive taxes so Of
iered, he was not compelled to give
receipt for the same unless to the tai
payer In person for whom the money WA
Z paid.
The Chief Justice then proceeded Il
say that n tax reccip. WAS hot seccssar,
q qualification TO vote, then referring Il
section -, chapter IS OF the revised code
lie road;
i "lfa vote be objected to, lts admission
, or rejection shall bn determined accord
lug teisb opinion OF majority Of tn
juIgeA but either of The Judges ma
/ require tt,e inspector to aiminister to
,ersou ,iaiming to vote, whether he hav
" 80. : or not, the following oath o
Wis hktion: You do solemny swea
/ !" Arm) that you are OF the age Q
l Z 4 Two years, and that you at thi
IN .'s'de in this hundred, aud tha
1Utsbasr not voted and will not vote o
e tails day in any other hundred, and tina
you have resided in this county on
g month aud in this state one year ne,
q b-lo this election, and that you hav,
Within two Year,, paid county Ia
which WAS assessed a. least six moutl
btiore this election, and ANY person r.
iuaing take such oath or affirm atioi
G. If 80 required, shall not be permitted
- take said oath or aiil nation if the Judge
IS or majority OF them, shall, from the
n Own KIN Wedge or the circumstances y
W paarug, consider that such person is II
cnfI'lc 10 7Ote."
'sIhis,' sald the chief justice. was Il
law 90 tie qualifications tor voter al
10 fetelpt Is mentioned.
ts The clief justice then at considerab
length referred to the bad influences ari
w ins from ycters permitting others 10 VI
III their taxes fall were prohibited fro
=" voting except those who paid their ov
at taxes, the vote Of the staie nigh, be We
much rrda ed, but there would be pu
elections The chief justice IN conclu
tug ea'd that il.ere were yet nearly tv
m nlhs ia which 10 pay taxes and Til
The court would meet before the iii
Tue day Of Mach ard would make
ons enient to iaeet ut any time To
upon any complaint against the collect
ut dong Their duty aud ailording iacl
t.ee lor TAX payers to pay their tax
The rule for 4 mandamus was decline