Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-03-03


ming at the same time with the statute
of 1881 in which the word illegally"
first appears. One was forbidding the
the delinquent list on his list, and
another compelling the Levy Court to
strike from the assessment the whole
body of dclinquents as returned by the
collectors.
Our friends say We must take what
the word illegally" means. They say it
is by necessary implication that if they
can't strike off those that are there
legally they can strike out those
that are there illegally, and in that
they establish their rights. want to
insist that they stick to the letter and il
will stick to them like the shirt of
Nessus.
If the court please the section is filled
in the closest application with every
Interpretation that brings and adds to
the enlargement of the list,
You are asked to suppose that single
word, with its literal meaning is to over
throw the statutes of the State and place
summary power in the hands of
few man.
It is the clerk of the peace who must
make up the lists for the collector, he
must make the list from, not the Levy
Court revision, but the assessors list.
Every one of that large number of
reputable persons has his way Of relief
against this very complainant. 1t is
plain that the act Of leaving off name
being penalized, the clerk of the peace
in turn would be guilty in placing in
the duplicates the list of names as re-
vised by the Levy Court and not the list
from the assessors.
The complainant has the right
to come into your court and ask
that the hand raised against him
be stayed. / will answer, at this
moment, that w. Pierce Biggs, as
clerk of the peace, has the right to be
| protected against court of which he is
clerk ex-ofiicio, and the behests of
! which, did he obey, he would be bank
rupted.
Mr.. Bradford claims that the court
has the power to strike out. want to
know what will become of the elective
franchise. l don't care whether you
call it a right or a privilege. it will not
be worth while considering the dis
tinction at all.
The power claimed for those mem
bers, or any one of them, where is it
foundg 1t is not found in Magma
Charta. By summary power obtained
only by implication, without trial and
without hearing to purge the lists at
will, thus placing the elective franchise
at the feet of these six levy courtmen.
The clerk of the peace would be liable
to all action for q breach of the peace did
he fail to copy the lists as sent in by the
assessors.
This alleged power given by one is in
the same section with other provisions,
every one of which is inconsistent with
the construction claimed for it.
Can you assign discretion 10 man and
then punish him for coming to decision.
1t is arraigned against all the laws of
the State. 1t has dynamite cartridge in
their midst. In this bill there are whole
sale charges against the assessors. 1t is
a railing accusation. Now, il the court
please, | thipk it would be for this
people, that / would, were | levy
courtman, have my duty before me and
see what this wrong is. This Levy
Court may, on the last day of March,
according to their careful consideration,
drop large numbers of names from the
lists, and the community might, ON the
following day, (Which is the legal one
for inspection of the lists and the pub
lie on the first of April, not uniting
day, perhaps, may wake up and find
their names dropped from the list by
wholesale.
In colonial times q man needed estate
money and lands to participate in law
making, but in 1776 all this was changed
and there was no property qualification
for voting.
There is one thing now to which
shall refer 1t is the final remarks Of
counsel in regard to the competence oi
court. The plenary power of this court
was conceded by both sides.
They say because the complainant is
a mere taxpayer, he is the same as all
the others. The public interests are moi
confined to those who vote. They
belong to women as well. Judge Hal
, said the principle of the contention i:
you shall not vote unless you arc taxed
This complainant belongs to u class oi
voters, one-fifth Of the community. He
holds an office, of honor, of value. The
, restriction interferes with his conscien
, tious performance of his duty He can
plead the ignorance or dereliction of the
Levy Court in his defence. He is liabl,
, in each case for the costs. And the law
; tells you where to get the money. L
, takes one page of the statutes to tell th,
duties of the clerk Of the Levy Court
but many pages to describe the varian
duties of the clerk of the peace. Hi
, duties ore described. Suppose he il
! ordered to do something Illegal Car
I he plead the order Of the Levy Court
He might as we'll plead the order of TIN
q Levy Court to put poison in my food
i And | would almost as soon he did tina
r as to attempt what is threatened He i
/ fitting person to bring the suit, as he i
v a voter, a taxpayer and an official o
3 this county.
Q Mr.. Bayard objected to the citation
i used by counsel for the other side from
|. English, New York, and Ohio source
# as inapplicablc to cases arising here.
have endcavored to show your homo
# that here is the mplainant's remedy
If it be not here III this court he cal
a look nowhere else. We have nothin,
i directing, no law directing it. w
i. simply lay before you the rights of tn
v citizen.
n Mr.. Bayard could not believe for al
instant, without any profession, for h
d could not conceive a more irremediabl
o wrong than the one meditated.
l. 1t was close to O'Clock when MI
q Bayard closed his address.
s. Court then adjourned.
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