The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1892-02-24
FOURTH EDITION
FRAUD Or NO ! FRAUD.

bradiord and Mr.. Spruance-Mr. Bny-
4 ard win Finish tho Arg ument This
Morning.
The greatest interest Is manifested
In the blttle of the legal giants over
the as Q Sments of Wilmington now
pending before the chartellor in tho
United States district COURT room.
Chancellor Salisbury on taking his
seat yesterday morning looked kindly
out upon tho great crowd, and as he
smiled he snid; "Some good speeches
may be expected here tD.dny, and nj
most feel like making ono myself, but
II make one it would be something
like this:
'.ity tho sorrows of poor old man,
Whose trembling limbs lave bosno him
10 your door,
! Whose days are dwindlel to the shortest
! span,
/ Oh give relief. ami Heaven will bless
your store
Il have not made speech for many
years, and L am very thankful To
Judge Wales for SO kindly allowing us
| the use oil this room. | would much
rather have the argument OF this case
i'll thambers at Dover, but as tho peo-
ple wero so anxious u hear the argu-
ment, have consented at great incon-
venience TO myself, TO come here, and
81 here / am" -
Z AS stated yesterday the allegations
and answers wore read aud Hon. g. Is.
! Lore argued the question until u, m
Mr. Bradford then took the floor and
occupied the time from p. M, until
8 p. m, except recess from . To 8
o'clock.
Mr.. Bradford in introducing the sub
ject said h At the statement In the an
swcr that the Levy Court only intends
TO strike from the list names placed
illegally thereon has been admitted.
Ii our contention IS right us to tho
power OF the Levy Court, then / SUBJ
init that this court will not claim
Jurisdiction over 1t. .+..
Mr. bradford went on andsaid that from
the stand OF the counsel ON the other
side 1t seems that il assessor should
place 30 900 fictitious nalnes upon the
assessment lists disarrauge the fiscal
affairs of the county anu the tax rate
oil the same there is NO legal power to
strlEe them OIL, If this is sound, then
our Legislature has Deen a reproaci.
Whom the court has looked into this
matter, where the pprity and sacrouy
of the ballot is considered, and when
IL is found that the sheriff must return
the election department n fun and ac-
cutate HIST Df all the male persons i'll
the county over 81 years, | do not
think that your honor will hold that
$1,000 names not representing Il single
human being, should remain on that
list. and that the Levy Court should
have no right to strike them from the
list.
The Levy Court, Mr.. Bradford said.
is superior body to the assessors and
the latter must be obedionL to the
Levy Court and cannot throttle the
, Levy Court In its power. We are not
to assume that any sworn officer
either asScsser or Levy Courtman has
, committed Il fraud, The question is
whether the Levy Court has the right
to strike Illegal naihes from the list
and IN that respect the relative powers
OF tho Levy Court and the assessors
, must be considered.
The Levy Court Is the financial
body of the county and tho assessors
are but link IN tie chain of the ma.
chinery. The primary object of an as.
sessment is to obtain basis on which
to lay tax rate. III tho court want
to raise $4,000 in a year 1t lays al
? adequate tax rate ON the assessnlcnt
Oar learned friends come III and say
that no matter whtther the assessot
has returned correct list or $4,000
fictitious names on that list there Is
no earthly power I'd take those iictiti
GUS names from That list. Is IL not n
frightful doctrine that such state of
gal remedy.
Mr., Bradford cortenhed that after
the assessor had completed his list he
returns ii to tho lbNy Court on the
first Tuesday in February. and the
Levy Court, we coutcnd, has tho pow.
er to revise the list so that it may be a
true list. 1t has thp right LIE 'uuss it
is necessary 10 obtain IA true and sound
basis Oh which to levy taxes
| Mr. RrlffnF1 said ina did not tl,fpt,
that undnr the law This courr Will hold
that under the power TO correct" the
81 -sment the LEVY Court cannot take
Il Itaue from tho assessment lists
Where there are fictitious names 1t Is
necessary to corrett them. The Legis
lature gave tho Levy Coart tho right
to add to the lists md to correct the
lists.
The other side Mr. Bradford said
Claims that this assessment shall not
lie final us approved by the Levy Court
but rs returned tb the Levy Court
Such Il contention Is mother law, sound
reason or conmoI sense. According
70 the othor side The assessor IS too
great man to be h sheriff. too big n
man to lie levy dourtmHn, but under
law his assessment must be approved
by the Levy Curt bntoeo It is final
lie law does moi intend that dead
. men OF fictitious men should be as
, sesSed.
At o'clock a re ess was taken UNI
iii 3.
MIR. Bradford resumed his argu-
manL AID said that the law said that
the Levy Court Should have the atten
dance OF the ,tsse$sor when correcting
tne list.
Chancellor nl5bury-"Ihe Won
contend, Air. bradford, that tho wore
correction In the law gives the Lev,
Court he right tD strike Guplirate OF
: fictitious names from the lista,'
AlT. bradford les sir.
Continuing Mr. Bradford contendet
} that II he Levy Court found tine nam,
oi Ihonas SMITH upon tina lists ane
When they knrw 1t should TO Iohi
Smith they Aal the right to change
that nHtne 10 lOlIl Smith.
Ehancellor Salisbury Would they
under lie Old lay, have tho right t,
: STRIKE on ih0mas smith ana insef
Johh Brown on tlloir oYn notion
Mr.. Bradford -"lley would If TIL
proper name was John Brown and no
Thomas Smith.
\ Councillor Saulahuiy-"lIow woul
they ascertain v hich VAS Tho correc
nane?"
; Mr.. Bradsorl Try eonsultatio
with the ussess5r OF in OF her way tina
Void satisfy them us worn OFFICER
pledged to iilelty.
Nj. Bradford, proceeding in III
= line Of afgainei4t, eontenied that Il