The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1892-02-25
FOURTH EDITION
DAYARD PLEADS FOR FRAUD.


opposes acknowledgements Argu-
ment Wordy, but notConvincing-4Th
Case goes to the Chancellor. HauE
AT BIS O'Clock, yesterday afternoon,
Mr.. Bayard began his defence of o
fraudulent assessment under cover OF
law. at that time the room was not
full, but by 3 O'Clock, IL was full to
Overlooking.
The greatest attention was given to
MIR. BaSard's speech as il was general
ly conceded that Alessrs. Bradford
ana Spruance's powerful arguments
against fraud, had to be overcome be-
lore the complainants had any show
OF suct ess.
Mr.. Bayard commenced his argu-
ments slowly and deliberately, stating
how his attention had been been call
ed to tine attempt of six members OF
the Levy Courl to purge the assess.
ment lists OF all LANES that they
deemed had been Illegally placed on
them.
lie called this the exercise OF now,
and before unheard OF power, based
upon the word legally" aud the lib
critics OF the people of the country
We're placed on the will Of these six
mon. lie was shocked at the claims
made by counsel OF the other
side.
Mr., Bayard for some moments
quoted authorities TO show That the
principles in this case were not from
narrow statute but from common law.
MIR. Bayard said, tho question Is ono
which the other side has avoided: tit Is
the letter that killeth and tho spirit
that giveth life"
Relerrlpg TO Mr. Spruance's remark
that Tor the ten years when ho was at
: torney of the Levy Court, it had never
occurred to him that tho Levy Court
hal not the power TO strike names
from the assessment. Mr. i}uyard said
he did not say the supposed right had
, never been exercised. lie could call
upon George Gray and John II. Rod
, ncy, former counsel of the Levy Court,
}, who had advised the levy courts that
= they did not have the power. So had
. John II. Nicholson, OF Dover.
Mr. Boyaid, after reading Endllch on
= now Jurisdictions, and quoting the
J. story of Marion and the British olilcer
: referred to the Levy Court as a court,
n and claimed that no court should hear
y q case unless the man Interested had
! been summoned. He then took up the
: statutes governing the county of New
: astlc. The issue in this ease is be-
8 tween tho will of the people and the
. VIII OF SIX men constituting a major
i ity OF the Levy Court crea Ell and act
Il ing under statute of the Legislature.
tie referred to the Well-knuwn case OF
q trleZlehen ye. the Lovy Court, and fol
u lowed the different phases and func
h lions of the Levy Court from l749 Ia
tho present time. Mr.. Bayard said
the Levy Court was stntlInry court, hay.
o ing no jurisdiction between man and
man. ana vet IL was claimed on the
othef SIDE mat the Levy Court could
Wy an assessor.
They have got to try him before tn G
proper court and convict him of fraud
before they can purge the lists. The
Levy Court performs fiscal duty il
connection with othor officers who are
made independent of tho Levy Court
The assessor Is vital officer to the lis
cal affairs of the county. lie is sworn
has his duties independent of the Levy
Court, and is not punishable by them
The Levy Court has Il TCylsUry Do wer
but under the statute that gave Them 4
political existence SO the Glerk oil tho
Peace has duties as such that do no
belong to him us Clerk Of the Levy
Court.
The collector now returns his eel
lectlonS to the coiuptruller who is M
| iDIapup1nnF ,,iti..r l7l,, 80. IL,