The Wilmington daily Republican., 1891-06-15
COURT PRocEEpisos

Compel the Levy Court Co Place the
Name Of Philip 2. Churohman on
the Assessment.
As soon as tho Court had finished
considering tho license applications on
| Saturday, Charles NJ Curtis, ESQ.,. pre-
eented the petition OF Philip @. Church
| man, asking that q peremptory writ OF
mandamns DO granted, TO compel the
Levy Court TO place his name on the
! asAesslpept lists. M
Tho Petition set forth that Church
man has been q resident OF this city
for five years and upward, and cltl-
zen OF Delaware, and that he was duly
assessed and placed upon the tax du-
of county taxes for Wilmington hun
dred, tor the year 1889, and paid tax
of Si.50 forsaid year, for which he OBJ
tained the collectors receipt. That
his name remained upon the assess
ment and duly entered upon the tax
duplicate OF 1890, Tor which year he
also paid a tax Of $l.20, on the 26th
day of February, 1891, taking the col.
leetors receipt therefor.
1t also alleges that Collector Dough
erty falsely, fraudulently and lie.
gally returned to the levy court, in
the month OF March, 1891, the name OF
|
person who had failed to pay the
county and poor tax so as Aforesaid
assessed against him for the year 1890,
that Is to say, as delinquent for said
year, and the said levy court after
wards Illegally, wrongfully and i'm
properly allowed to said collector the
sum OF S1.20 as delinquent tax, and
improperly gave credit TO said collec-
tor for said amount; that by reas-
on of said allowance to said collector
as aforesaid, the name OF your petit
tioner has been wrongfully, Illegally
and Improperly dropped from the said
assessment lists and does not and will
not appear thereon or upon tho du.
pllcate for the year 1891"
A discus ion then ensued, during
which the Chief Justice called atten-
tion to tho fact that the amendment
to the tax laws require that q voter
must be assessed each year.
Mr.. Curtis fully described the posi-
tion of Mr.. Churchman and others,
and In concluding said;
"Wo haveproof fincontrovertible that
1000 taxes have been paid, for which
there Is no credit. That Is the gravity
of the situation"
CHEF Justice Comegys reverted to
the question OF the effect on the cleo
tive franchise and said that no inius-
tice could result for the man who had
paid his tax held the receipt OF the col.
lector with the official seal.
MIR. Curtis said that at the recent
election men had been arrested and
prosecuted for voting on tax receipts
issued the same as Mr.. Churchman's
where their names were on the delin-
quent list.
The chief justice replied: 1.-THE re.
I,.t f, k.,t L.. a
his tax, and while the election officer
may find that the mans name Is on the
delinquent list, yet he can accept the
receipt as the proper evidence that the
tax Is paid.n
The Court, after consultation, said
that the questions OF law involved In
the matter would not DO passed upon
by tho Court of Errors and Appeals,
which convanes at Dover next Tues.
day
1t is also alleged that demand was
made upon the levy court to restore
the petitioners name to the assessment
and that the names of upwards Of
1900 other persons 'have also been
falsely, fraudulently and Illegally re-
turned" as delinquents, who had paid
the tax duly assessed against them for
1890. 1t also alleges that by reason OF
the act above recited the petitioners
right to vote at the general election In
1892 will be jeonardlzed, inasnluch as
his name will not appear upon the list
OF qualified voters for said year
Wherefore, there being no other ahe-
quate remedy in tho premises, youI
petitioner prnys this honorable court
to issue u peremptory writ of mania.
mus. directed to the said respondents
1.-THE members of the leyy court, CON
mandlng them to continue Or cause to
be continued the name OF your peti,
tioner upon the assessment OF said
county for the year 1891, and cause tho
name OF your petitioner to be entered
upon the tux duplicate for said year.
When Mr.. Curtis finished reading
the petition, Edward q G.l3radford, Esq,
attorney for tho Levy Court, address,
ed the court, and said he was glad the
petition had been presented, as there
Is considerable doubt In regard to the
point raised. II Is believed that the
facts set forth In this application
reaches the cases OF several thousand
voters, who, II the allegations be true,
paid Doll tax in 1890 and again III
1891, but are returned as delinquents
There Is however doubt as to the
statutory provision concerning the
assessment. Therefore on behalf OF
the levy court | appear and waive the
Issue OF fule 10 snow cause as we'll
us tho objections aud move that the
petition be quashed on the ground of
insufliclency In point of law.
1t Is a matter OF grave concern, as
1t affects the financial condition of the
county and the elective frachise. / nnl
Interested as 1t affects the revenue Of
the county. did not think it proper
for me, under the circumstances, to
direct tho lovy court to put names on
the assessment list by the wholesale,
preferring that some high authority
should render q decision that would
properly cover the important question.
II. II. Ward Esq, on behalf OF Mrs.
Dougherty, the respondent in the di-
vorce case OF Dougherty vs. Dougherty
nskod that the mother should be
given tho custody OF her children but
the motion was denied, as the Chisi
Justice said that he did not consider
her proper person to have control
OF them. The court allowed MeSsrs.
/ Ward and Bacon, the counsel for Mrs.
} Dougherty, an additional fee OF $i10.
George ii. Bates, Esq, one OF the
, Counsel for the applicant in the Nc
Comb divorce case asked that the pro.
thonotary be directed to send up all the
original papers containing the petition
J and dispositions to the court OF errors
and appeals instead OF copying them.
: The cost OF copying would reach s4OC
or $500.
L. q. Bradford. Esl one OF tn.
attorneys for the re pom cut, said thai