Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-06-18

lMHvl 1T hls' AcNey statel tht sN'
had always been able 10 get license, but
recently went. ont of the business. The
workmen needed cheap eating house and
beer saloon such as she intended to keen
Henry o. Turner stated to the court that
John Murphy, applicant for license al
the corner of Third and ratnall streets
deserved license because he was public
benefactor. He had cleaned out the nest
of infanly on West Third street near Tat.
nall. said Mr.. Turner, and for that act
should be rewarded with a license. Mr.
Prlckett presented remonstrance signed
by the manufacturers in the vicinity.
Officer Heal testified to the improvement
in the character of the locality, but he
would not say that the saloon was neceS-
sity There are three saloons within a
short distance. MIR. Pickett in address
ing the court said that if Mr.. Murphy
wished reward for what he had done he
should remember that virtue is its own
reward AT this Mr.. Turner retorted:
Yes and many a man has starved to
death. on IL, Judge Cullen laughed
heartily, and Mr.. Priokett said: ,sProba-
bly, they died because they had so little
virtue
The application of Michael ]. Clancy,
southwest corner of Lancaster avenue
and Jackson, was opposed because it is
new and there are other saloons near.
Andrew p. Lohner, northeast corner of
/
was refused before and was not a neces-
sity. Mr.. Turner presented several peti.
tit.ons for the granting of the license and
said he had known Lohner's parents and
would never refuse to represent him
Thomas j. FitzSimmons, No. 702 Lancas-
ter avenue. applied for wholesale license.
| Several saloons are near. The place was
refused at the last term. j. Frank Biggs
stated that there was no remonstrance
against the place
jeremiah 0'SLllivan applied for license
| for No. lob East Eleventh street. There
are several saloons there and the applica.
ton was opposed o'Sullivan is 4 fore.
man At the Pullman shops.
The principal objection to Patrick +
O. Hara, No. BIZ West Second street, was
that there are eight saloons nearby A re-
monstrance signed by residents and prom
erty holders was presented. Mr.. Turner
appeared for O'Har9 and argued that there
T. no eating place in large territory, and
this saloon is 10 fill such want
IN closing, Mr.. Turner addressed the
court to this effect:
If the Law and Order Society, instead
OF working TO keep respectable men from
getting licenses would work to rid the
city OF evil by wedding ont the bad places
they would reap the reward of their virtue
and accomplish more good than in the un
consequential manner which il is now
tlan 81 the court and the Law and order
Society,"
Mr. Prickett said that no matter how
pad the place for which a license was
desired, Mr.. Turner would rake the case
and push II for all it was worth
This closed the license hearings.
The petition Of Philip Q. Ghurchman
asking Tor a peremptory writ OF man.
damus 10 the levy court, compelling it to
place his name upon the assessment list,
was presented TO the superior court bv
Charles NJ, Curtis, Esq, at 1918 O'Clock
Saturday afternoon;
The petition set forth that Churchman
has been resident of this city for five
years and upward. and citizen Of Della
ware and that he was duly assessed and
placed upon the tax duplicate of John
Dougherty, collector of county taxes for
Wilmington hundred for the year 1889,
and paid tax of sl.50 for said year. for
which he obtained the collectors receipt.
That his name remained apon the assess
ment and was duly entered upon the tax
duplicate Of 1890, for which year he also
paid tax of 81 20, on the Goth day OF Feb.
rnary, lsNl, taking the collectors receipt
therefor.
Then the petition alleges that Collector
Dougherty falsely, frandulently and lille
gally returned 70 the levy court, in the
month of March, 1891, the name Of your
4 F.
had failed 70 pay the county and
poor tax so as aforesaid assessed against
him for the year 1890 that is TO say, as a
delinquent for said year and the said levy
court afterwards Illegally, wrongfully and
improperly allowed % said collector
ne sum OF Sl.2eas delinquent tax, and
illegally, wrongfully and improperly gave
credit 70 said collector for said amount;
that by reason Of said allowance
TO said collector as aforesaid, the name Of
your petitioner has been wrongfully, lille
gally and improperly dropped from the
said assessment lists and does not and will |
for the year 1891
The petition further AYERS that demand |
was made upon the levy court to restore |
the petitioners name to the assessment, |
and that the names of upwards OF 1000 |
other persons have also been falsely, fraud. |
ulently and illegally returned" as delin.
qlients, who had paid the tax duly assessed |
against them for 1890. II also alleges that |
by reason of the act above rected the pe.
titioners right TO vote at the general cleo
tion in 1872 will he jeopardiled. inasmuch |
as his name will not appear upon the list |
of qualified voters for said year.
Wherefore, there being no other ade. |
qnate remedy in the premises, your petit |
toner prays this honorable court to issue |
a peremptory writ Of mandamus, directed T
10 the said respondents the members of |
the levy courtb commanding them 10 con- /
tnue or cause to be continued the name Of |
your petitioner upon the assessment of I
said county for the year 1891, and cause |
the haine of your petitioner to he entered +
upon the tax duplicate for said YEAR,
After the petition had been read by Mr.. |
Curtis, Edward 6, Bradford attorney for
the levy court, addressed the court. He |
said he Was glad that the petition had been
presented, because there was considerable |
doubt as to the proper disposition of the I
point raised.
large number, believed 10 reach several
thousand. Il was made by man, who, il
the allegations be true, paid poll tax in /
1850, was not assessed in 1891 and IS not On
the duplicate tax-list, There is informa-
ton that large Number Of persons are III
the same position. The question presents
doubt as 70 'le statutory provisions CON
corning the assessment,
On behalf Of the levy court | appear
and waive the issue of a rule to show
cause as well as the objections, and wish
70 move that the petition be dlashed Oh
the ground ofinsutticleney in point Of law
II is a matter of grave concern as II
affects the financial condition Of the
county and the elective franchise. am ill.,
terested as 1t affects the revenue ot the
cOdnty. did NOT think it proper for me
under the circumstances, to direct the levy
court 70 put names on the assessment list
BY the wholesale, preferring that some
high authority should render decision
that would properly cover the important
question.
The chief justice and the ATTORNEYS then
discussed the effect Uf the amendment 10
the tax law, which requires that a man be
assessed each year. 1t appeared in this
discussion that the attorneys did not have
very clear knowledge that such law
was in effect,
The court was in a hurry to adjourn,
but Mr., Curtis was anxious that the i'm,
portnnce Of the case be immersed. The