The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1891-07-11
FOURTH edition
THE INJUNCTION CASE.

4
/; 1ector McKces Remarkable Amdavit
The ChanceIior's Decision Reserv-
ed.
! Chancellor Salisbury yesterday
heard argument on the rule compell-
ing the Levy Court Of New Castle
County to show cause why prelimi-
nary injunction should not be Issued
restraining that body from placing
upon the collectors duplicate for the
year 1891 the names OF certain parties
which 1t Is claimed were illegally re-
turned as delinquents for 1890 taxes.by
the collectors.
Edward g. Bradford, Esq. counsel
for the Levy Court filed his answer to
the bill OF complaint in behalf of the
Levy Court OF New Custle County.
In the answer fled MIR. Bradford adj
mitted the appointment OF George W.
! Mckee az collector and all In con nee
ton with his duties as tax collector.
MIR. Bradford, however, for the Levy
Court, denied that ON the 18th day OF
March, A. ID. 1891. tho said George W.
Mckee filed In said court n list pur-
porting to lie list of delinquent tax
payers in order TINT the amount OF
taxes assessed upon uch taxpayers
might be allowed to him by the
bttlu Levy SOutb as oIEOE5 dlu
credit given to him for the
same, and that the said list pur-
porting to be an error or delinquent
list was, after examination by the APP
i propriate committee appointed by the
Levy Court for that purpose and the
report OF said committee upon the
same, approved by the said Levy Court
on the twenty-seventh day OF March,
A. d. 1891.
The defendant on the other hand
ayelTed that the error or delinquent
list returned by George w. Mckee was
not true error or delinquent list,
but on the contrary was fraudulent
and untrue In that the said George w.
Mckee unlawfully and fraud ulently
included In said list the names Of q
very large number of persons, aggre.
eating many hundreds residing In the
said Southern district of tho city oil
Wilmington who were duly assessed
for county taxes In tho year $500 and
all OF those taxes had been received III
full by the said George W. Mckee as
collector al aforesaid before he made
return to said Levy Court OF said list
/ as Aforesaid, and that the said Levy
J Court at its said March meeting did
in fact make settlement and allowance
to and with the said George w. Mckee
ofand upon said list so fraudulently
returned purporting to be an error or
do 'inquent list, and the said George
W. Mckee was in fact credited with
the amount thereof
But these defendants aver that, a.
the time of making said settlement
and allowance, and giving said credit
to the said George W. Mckee, thej
were in total ignorance OF the fact thai
said list, Importing to be an error OF
delinquent list, had been untruiy anl
iradulently prepared, and returned II
such manner as TO include the names
! of sald large number OF persons who
had been duly assessed for county
taxes for tho year 1890, and who's,
taxes had been paid to and received b.
the snid George w. Mckee, collector
as esiid, and were in total ignor
ancc OF the illegality and fraud 81
practiced upon the said Levy Court
and the county of New Castle as afore
J said
In regard to the legality of Collectol
Mckee's return of the delinquent list,
/ the defendants say that tho said bill o
complaint AYERS that no oath as re
quired by the fourth paragraph OF sec
ton 81 of chapters OF the Revised Codt
was made by tho said George w. Nc
Kee before or since the said action o.
! llit StllI ltN y NOutl upon Lit Sttttl llSl
, returned by him and purporting to bt
anorror or delinquent list as, afore
said And these defendants further
say that tho practice of the said Levy
: Court during recent years has been
! not to require tho making OF sucl
oath; but that since the discovery by
the said Levy Court oil the said fraut
so pfacticed upon it by the said GeorE,
= w. Mckee as aforesaid these defend
l ants havo been advised and believe
that the making OF sud Onth by the
| said George W Mckee was necessary
to any legal allowance to him of III,
amount OF any alleged delinqucncies
. or errors.
!, These arguments were subscribed I,
by the six Republican members OF tn,
Levy Court, before Charles II. McWhor
ter register IN chancery. The forego
: ing are but extracts from the answo
I OF Mr. Bradford for the Levy Court,
, but they cover the sulient points.
: Argument then commenced befor,
the chancellor, Branch II. Giles, Esq.
l reading the papers IN the case, inclutI
!, ing atldavits of the five Democrats
7 members OF the Levy Court:
: JC.n II. Rodney, ESQ. followed Mr.
Giles, reading tho law touching tn
h cGse from the revised code. lie main
= |
a had allowed the collectors the delin
!, quents claimed by them and tho Low,
= Court had confirmed the delinqnen
lists so returned ard its action wa
final. He thought therefore, that III.
= der tho law no names could be adde,
: to this years duplicates especially tn
. names that it had confirmed itself AM
. the Levy Court had no right to max,
u any change.
Ir. Bradford, counsel for the Lev,
. Court, held that the delnqucnts re
U turned by collector Mckee were no
returned according to law, as he ha
|: taken no oath that they were genuine
ii All the Levy Court wants IL to add +
g the list the napes Of those fradulentl
n returned as delinquents, who had pal
II their taxes. This, he argued, coul
d It II DO done, as the delinquent return
wCFe not properly sttested. and there
fore The time for an injunction woul
be VIVA the sureties OF Mr.. Mckee ar
70 proceeded against. Mr.. Bradford n
K ferrcd 10 tho fraud attempted agalns
= the county, aud In view OF the coaiit
u being rb4aed OF the money belongln
10 to II Tho Levy Court had right to d
'. as 1t ha: done, Mr.. Bradford ais
/, went ovor the points in tue answer I
Is the bill HE'D at considerable length.
villa ii salisbury, ESD, then mad
the con suding appeal to tho Chance
Tor. Hs denied That any fraudulen
70 return OF dellnquents had been mad
Ii by presenting and having read IN al
N .'dtty1t from tax collector, George \.
1t Mckee, taken before Frank T.. Sn4itl
ii Justice of the Peace yesterday morl
ing. In the affidavit Mckee swear
/. that he did not receive any money fror
any taxables not returned by him q
$ having paid lax or from any ono ia
E them That II there are any tax receipt
/. in exlstence pufpOrtlng 70 hive bee