Evening journal., 1891-07-11
BRADFORD in CHANCERY.
THE CHANCELLOR LISTENS TO HIS
TALE OF WOE.

Lawyers to Prepare n Brief.
The Levy Court Of New Castle county
was represented before the chancellor at
Dover yesterday. to show cause why an
/ injunction should not be issued from the
Court Of Chancery restraining the Re
| publican members of the financial body
of New Castle county from placing 4. 00O
additional names upon the assessment
| after the time for appeals had passed.
| When 1t Is said that the Levy Court Of
New Castle county was before the chan
cellor it is not the intention Of the EVEN
ING JOURNAL to convey the impression
that all of che members OF the Levy
| Court were there from choice. Far
| from it. The Levy Court was divided in
sentiment. The six Republican members
want the chancellor to refuse 70 grant an
/ Injunction while the FIVE Democratic
members hold exactly opposite opinions.
/ The argument was heard In the Court
House
Attorney E G. Bradford. who repre-
sented the Republican contingent of the
| Levy Court, was the FIRST TO take action.
/ he had filed his ans wer to the bill OF
complaint. This document is a very
lengthy one, and the spirit of it has
II
II simply rehearsed the old, old story
that the gallant 600 had tax receipts,
were returned as errors, aud the county
had never received the money. Under
/ the circumstances he contended that
those Who had paid tax had the right to
be on the assessment. 1t accuses George
w. Mckee OF fraud, and is only signed
by the six Republican members.
| Branch II. Giles on the Floor.
Branch b. Giles Of the counsel for the
complainant, took the floor and pre-
sented the papers of the complainant to
the chancellor, after reading them.
Among them were the affidavits Of the
6'e Democratic members of the Levy
| Court. These sffidsvits, which were
made on Thursday evening, expressed
the belief on the part of the subscribers
that the Levy Court committee having
charge Of TIE work OF altering the as
sessment were making these alterations
without having sufficient evidence to
/ justify them In doing 1t, even il the
action in itself were legal
John q Rodney followed He cited
the provisions of the Revised Code bear
ing upon the case he contended that in
March the Levy Court had allowed the
lists Of dellnquents returned by the col
lsctors that then was the time the cor
reetions should aave been made. The
delinquents for 1890 were confirmed as
returned, and such action upon the par {
OF the Levy Court was final and conclR-
sive. After the expiration OF the time set
for appeals it was beyond the power OF
the Levy Court to make any alterations.
Mr. Bradford spoke for the Republican
side He said that the delinquent lists
returned BY the collectors were not
i genuiae. The collectors had not taken
the cath prescribed by the code that they
were bona ide delinquents he claimed
that the Levy Court only wanted to put
on the assessment the names of those
| who had paid tax and rightfully be-
lorged thereon The lists are not
closed because the collectors never made
oath to their genuineness. He claimed
that this was not the time to apply fol-
an injunction. That an INJUNCTION
| would be in order when the tax collec
tors sureties were proceeded against tC
recover the money the collectors had re
ceived from these tax payers who were
wrongfully returned as errors The
Levy Court has at all times the right L
investigate fraud He then dwelt al
Il Va uRbn AnC pJAAtn AZ A4nAt ~
the answer he had fled, and with them
closed his argument.
Mckee on the Tax Receipts.
Willard Stulsbury, Jr., made H.,
closing argument Ia answer to tbs
charge that the collectors had frsudu
lently returned delinquents he produced
an affidavit made by ex- Tax Collector
Mckee before Frank E. Smith, notary
publi: In tits affidavit Mckee says be
did not receive taxes from any man re-
turned IS a delinquent that any aud all
tax receipts held by persons on
the delinquent lists are forgeries or
were fraudulently obtained from his
office or from bis clerk Also that he has
duly accounted for all moneys received
by him, and never, directly or Indirectly
received q cent from any man not re
turned by him as having paid a tax. The
last paragraph Of the affidavit is in itself
very suggestive. It is as follows:
II am informed that most Of the re-
ceipts held now by the Levy Court and
claimed to belong TO men who have paid
taxes and yet are on the delinquent list are
/ dated January 9, 1891. During the en-
tire month OF January did not collect
poll taxes from over 100 citizens alto
/ gether and IL the receipts claimed D be
in the possession Of the Levy Court are
held by them and the names of the men
who claim them are on the delinquent
list pronounce such names forgeries
and say that never signed them
After he had presented the affidavit he
dwelt at length upon the important
bearings such a statement had upon the
case.
The chancellor reserved lis decision,
and the attorneys returned to this city
last evening,
The Decision Next Week
While the general impression is that
the chancellor will make the Injunction
absolute. he will not make public his de-
termination In the matter until some
time next week.
Messrs Rodney, Salisbury and Giles
will have to prepare a brief containing
the substance Of their argument, and
until this is done there will not be any
action takon.
Southern Church Delegates.
SALISBURY. Nd, July II The East
ern Shore of Virginia District Conference
Of the Methodist Episcopal Church
South. which met in this city last Tues