Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-02-25

Ex-Secretary Of State Thomas F.
Bayard and the Hon. Charles b. Lore,
went to Dover yesterday week and
made application to the chancellor for
an order restraining the Levy Court
from adding to or striking out names
illegally from the assessors lists of New
Castle county. A temporary restrain
ing order was granted which was brought
back 70 the city wednesday night.
AT 10 o'clock a. m. Thursday Register
McWhorter entered the Levy Court
chamber and served Chairman Bucking-
ham with temporary notice of the fact
,of the existence Of restraining order,
issued by the chancellor, with its pur-
port and informed him also that the bill,
&c, would be formally handed to the
fcourt within an hour.
The members had not been called
togetherat thefime and Chairman Buck
ingham after perusing the document
handed il around to Messrs. Hutchison.
Jolls, Clark, Simpler, ellis, Eliason
and Killgore.
THE DECREE READ.
In few minutes court was convened.
The minutes of yesterday weeks session
were read aud Clerk Eliason read the
decree Of Chancellor Salisbury forbid
ding the Levy Court from adding to or
taking names from the assessment lists.
Chairman Buckingham-"I would say
that Register McWhorter will furnish
the court with copy of the bill of COM
plant Immediately.
Il cannot see anything in this 1.-THE
restraining order) that would prevent
aus from going on as yesterday. This
injunction is not permanent. Those in
charge of Mr.. O'Hara's district can go
on in taking out the transfers."
The chairman then handed out the
Wilmington assessors lists for the pur-
pose of prosecution of the revision.
In regard to the Wilmington lists II
will be remembered that the names for
future action are being written out in a
Hist. The names are not being struck
fout.
The hill ,of complaint as read before
the chancellor yesterday week is as
follows, the other documents connected
! with the present action are also ap-
pended;
| In the Court of Chancery of the State Of
| Delaware. in and for New Castle county
William P. Pigs VS.. Richard G. Buck
Eliason, Isaac N. Grubb, Paul ellis.
Henry y. Hickman, David P. Hutchinson,
John VI. Jolls, Samuel Kilgore, Robert
Il. Simfaier and Robert Sutton.
TO the rhanceltor Of the State OF DelGwaro:
Humbly complaining showeth unto YOUR
orator William p. Biggs in his own behalf
as a ctizAn and taxable duly assessed, resi-
dent in the hundred of SC. Georges, county
md State aforesaid, and in behalf of other
taxable citizens of said county, similarly
situated in respect to the matters herein
after set forth and complained of, and the
said William p. Biggs as clerk of the peace
duly commissioned according to law in
and for the county aforesaid and the said
William p. Biggs as clerk of the Levy
Court OF the county aforesaid:
1, That John J. O'Hara of the First as
isessment district of Wilmington hundred,
Michael 7. Conway of the Second assess
1nent district of Wilmington hundred,
Charles Whann of the Third assessment
district of Wilmington hundred, Howard
Lewis Of Blackbird hundred, William
Anderson of Red Lion hundred, William
A. Cochran of st. Georges hundred, John
w. Dayett of Pencader hundred, Lenuel
Graves of Mill Creek hundred, John D.
strade 9 IF aP e gd 6n.
r. j. Morrison of White Clay Creek hun
dred and James NJ. Smith of Christiana
hundred, all of said hundreds being of the
county and State aforesaid, were severally
and duly elected and qualified according
to law to be and they are now the legal
assessors of the assessment districts and
hundreds of which they are respectively
resident.
2. That the said assessors on Tuesday,
the ID day ,of, February, A. D., 1892, in
pursuance of the laws of the said State In
such case made and provided, delivered up
and returned to the Levy Court of said
county the assessment lists of their re-
spe9tive assessment districts and hundreds.
81 That the said Richard G. Buckingham,
Janlea II. Clark, Andrew S. Eliason, Isaac
GrrI1hh pat1l (tilliQ Hanrxr m Hirl,
David 7. Hutchinson, John w. Jolls,
Sanpuel Kilgore, Robert B. Simpler and
Robert Sutton are the regularly elected
and duly qualified Levy Court commits
sioners Of said county, and together CON
sttute the Levy Court of said county.
4. That the said Richard q. Bucking-
ham, James II. Clark, Andrew s. Eliason,
Isaac n. Grubb, Paul ellis, Henry d,
Hickman, David 7. liutchison, John w.
Jolls, Samuel Kilgore, Robert b. Simpler
and Robert sutton Constituting the Levy
Court aforesaid) have now in their control
the said assessment lists SO returned and
delivered up as aforesaid.
8. That the said Levy Court commis.
eioners since the return rs aforesaid of the
said assessment lists in the progress of the
examination and correction OF the asses
ulents SO returned by the said assessors,
have already obliterated erased and
stricken off from the said lists the names
of persons appearing on the lists returned
Dl tbc odlu dSocseOIs as tdAhDitS Oh inc S.ilO
county, and have so oblterated erased
and stricken off the same unlawfuly and
without proper right and in violation OF
the rights of the persons whose names
have been SO stricken of, and in violation Of
the rights of your orator as citizen of the
said county and others similarly situated
AS himself in respect OF said act.
g. That your orator is credibly Informed
and verify believes and so AYERS and
charges that it is the Intention and thu
purpose OF tho said commissioners of the
said Levy Court so constituted as afore-
said acting upon such information as they
may deem proper or eXpedient arbitrarily
and without warrant of law TO change
and alter the said lists by striking off and
expunging therefrom all or any such name
or names as they may consider or declare
are not ''legally' upon the lists aforesaid
T. And yonr orator further showeth unto
your honor that the Levy Court commits
sioners aforesaid assuming as aforesaid
and usurping the power unlawfully anC
arbitrarily TO reduce the number Of
names upon the said lists OF person.
assessed us taxables without notice K
the said persons, and after the pub
Heatlon of their names by the asses
sors in accordance with law, thereb,
intlict AN irreparable injury not only upor
the persons whose names are SO stricken
from the assessment lists, but also upoT
your orator us tax payer and contribut
ing member Of the community, and upon
many others in like condition with him
self, by depriving them of the benefit ant
assistance that would otherwise be derived
from the payment Of the taxes neeessar,
70 the maintenance Of the government o
the said cO1iflf1- So acpuaaI IN TIM t,oraap