The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1891-07-24
THE INJUNCTION

Chancellor Salisbury Decides That tho
5000 Names Cannot Go on the Assess
ments-The Collectors to be Looked
After.
Chancellor Salisbury decided yes
terday that the $3.50 names OF persons
whose taxes were paid and who were
nevertheless returned as delinquents
could not be put back on the assess
ment MS ordered by the Levy Court OF
New Castle County. After tho state
ment OF tho facts connected with the
case the Chancellor says;
The complainant contends that after
the allowance of the delinquent list
returned by Mckee as collector, his
principal, and his accounts settled In
March, 1t was final, md relics among
other things upon authority cited,
stating that where n credit has been
allowed public officer by the govern
nIent and his accounts have been set
tied it is not competent for the gov
ernment to open the accounts and re-
woke such credit, unless 1T were origi-
nallv given through fraud, imposition
or mistake.
Now the words "unless It were orig
inally given through fraud, imposition
or mistake" are very important words
and of significant import. But ! do
not intend in this or any other other
case to be governed or influenced by
any partisan political opinion which
may be urged or even suggested by
any party, to any cause. Here no such
questions are considered or enter
tanned.
Here the important question is: Did
Mckee, the principal in the bond, re-
ceiye in payment Of taxes on the du-
pllcate made out and placed in
his hands by tho Levy Court
any money not accounted for by him2
II he did, the proper judicial authorl-
ties will see to it that he and his sure
ties shall DO held to proper accounta-
bility in respect to the same, and at
the same time be protected against any
Illegal increase of their liability; but L
am not going into this question now.
Although 1t was said in the argument
on ore side, and assented to on tho
other side, that the Judgment had been
entered against Mckee and his suretles
in the Superior Court OF the State OF
Delaware, in and for New Castle coun-
ty, and that an execution had been Is
sued thereon; yet 1t nowhere appears,
either in the bill or answer, that such
execution had been issued or that any
thing had been done toward tho collec-
tlon Of such execution.
1t will be necessary to consider such
questions whenever they more proper
ly arise hereafter.
1t Is proper and necessary that the
record and papers recorded or filed In
apublic Office, such as that of the
clerk OF the peace, or clerk OF the
Levy Court, be preserved unchanged,
unobliterated, unaltered and in their
entirety, by any one whatever and
whomsoever.
nhaza n-Ia and
may not be available as evidence to
parties in litigation and may or may
not be evidence in suit in controversy
at lawor in equity in respect to pub
lie or private rights.
They should be preserved in their en-
tirety for any and all purposes for
which they may be legally available.
IL they should ever be proper as evil
denee their preservation unchanged
would be proper and imperatively
necessary.
Let no one therefore causelessly or
illegally change, mutllate, alter or ef-
face them.
What names shall appear upon the
assessment list to be delivered to the
receiver OF taxes for New Castle coun-
ty for the year 1891, Is q question
which does not properly arise in this
case, one over which haye no juris-
diction, one which does not affect the
interest or liability OF the complainant
In this cause. l therefore disregard it
as lnapplicable to the eontrovers y le-
gitimntely before me.
And now to wit this ESD day of July,
A. D., 1891, it is ordered, adjudged and
decreed by the chancellor:
That the restraining order heretofore
Issued be discharged, except in 50 far
as said order restraints the defendants,
their agents, servants or employees
from altering or changing or obliter-
ating the entries made by the clerk OF
the peace of New Castle county upon
the assessment list, or list of delin-
Quents, and allowed by the said Levy
Court as deliquents taXables returned
by the said Geo. w. Mckee, collector,
as delinquents to said collector or up
on the records of the said Levy Court,
or upon the said delinquent list SO re-
turned
And it Is further ordered adjudged
and decreed that the defendants be,
and are hereby enioined from altering,
obllteratlng or changing the ASSESS
ment list or lists of delinquent taxa
blcs returned by the said George W.
Mckee, collector, as delluquents and
allowed by the said Levy Court as do
llnquents to the said collector, until
the further order and decree of the
chancellor.
And be it further ordered. adjudged
and decrceed that the bill OF the COM
plainaGt so far as not affected by this
decree bc dismissed without prejudice
and that the complainant have leave
hereafter to file a new bill, II hereafter
he should deem 1t proper and neces-
sary.
lSlgned:l W, SAuLsnunY,
...5 Chancellor.