Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1892-02-25

"rhe law that commanded the Levy
Court to strike delinquents from the list
was the law also until the month Of May,
1891, when 10 was repealed.
The powers Of tax, levy, collection
and expenditure are not confined TO them.
They are not the financial masters. The
great fe4 ture running through the
American government is the check given
by the dist button Of power.
THE asses ~ Is chosen In a district be-
cause he know the people and they
know him. 10 has independent duties.
The Levy Court only has statutory
advisory power.
The clerk OF the peace has duties in
dependent Of the clerk OF the Levy Court
He must be sometimes one and sometimes
another.
''The comptroller was appointed as
check upon the Levy Court; the clerk Of
the peace Is respo sible; the county
treasurer is responsible, and the assessor
is responsible. They are bonded and can
be prosecuted II they do not comply Win
the law governing their Offices
Whose are these powers exercised oY
assessors, levy courtmen and clerks OF
the peace2 They belong to the people OF
Delaware They were created for their
officers exercise belong to the people.
'sThe assessor goes through his dis
trict. on the first Of January he hangs
up his lists In five places for examination,
after giving due notice. On the second
Tues day II February he sends them to
the Levy Court. They revise them. Then
/ on February 90 the clerk Of the peace
hangs them up a second time for ex.
animation, and March Is given for the
appeal Of every man who does not find
his name on. The appeal IS on the list
as hurg up on February 20
Some men have no money but they
have the rights Of manhood I they
have no money the present Levy Court
wants to strip them OF that. The duties
OF the Levy Court are to correct amounts
and erroneous assessments Of property, to
assess persons from one to another dis
trict and TO add names under certain
strict conditions and not otherwise
THE law says that omissions must be
corrected, and he must appear to make
the correction. Not one word about
striking off want 20 show you that
when the Legislature wanted TO say q
thing they said IT, They said 1t in words
impossible of misconcsptlon. Suppose
the Levy Court strikes name of aud
gives no notice. What Is the use OF an
appeal7 They are trying to make law
meant for franchising men, distranchisC
them; low meant 10 give the county
money, into law that will bring ne
revenue. The word correction was useC
In connection with propsrty-nothinG
else
In the set Of 1873 prescribes that tn,
Levy Court shall allow the delinquents t
the collector and strike them off FOL
twelve months. The other law gave then
the power to strike off the names Of thos'
dead or removed, and no others.
"The assessment laws OF 1878 Gays tina
n shall not be lawful for the Levy Court
or anyone to put on the name Of an
delinquent until the twelve months hsv
expired That provision was in the Law
containing the word legally until May
1891, when IL Was repealed They wan
to turn the word correct Into 'strik
of. When the Legislature meant cor
rect il said correct, and when it mean
strike Off it said strike off Prior {
1873 n such po Wer existed The decision
in the Friesleben case does away with an
such assumption Of power.
THE Legislature knew what 1t wa
! doing. When It said drop. IL meant II
The names to be dropped were TO be thos
returned as delinquents by the collector
They had no judicial power. Now the
want to expand that word dropped int
an excuse for Unfortunately strikln
of names 10 suit themselves The wor
correction had nothing to do with th
iminuition Of the poll taxables.
THAT WORD LEGALLY
"Now we come 10 the word legally.
you want to know to what acts that wor
legally apolies, l will say that it apple
to the provisions Of the assessment an
1 collection laws Of 1878. TIE dropping
Z the delinQusnts was a ministerial pr
{ ceeding OF the Levy Court, made mandi
tory by the statute
"The judicial power Of the Levy Coui
| could be applied to strike down a ma
without hearing. and that too, to Ii
l best Of men. This is q thing no court ,
e jurisdiction will do. II will give IL
/ poorest and meanest a hearing.
= "Fhey would stand by the letter an
n the letter will stick to them. The owe
! to strike of is not given to the Lev
n Court or any member thereof II tbs
were 50 You would not only have a coui
Of eleven judges, but each member
= Judge In himself.
Z The object Of the law Is TO bring
: money. No Interpretation that dimlI
n ishes the tax or excludes the person
right. Trial and determination con
Q first.
b You are to suppose that single wor
o with its literal meaning Is to overthro'
B. all the other laws but place them at th
s feet Of this majority of the Levy Cour
n aud give them power to disregard ever
o right of a citizen Of this state II is NJ
Il made the duty Of the clerk Of the Lev
10 Court to certify the lists; it Is the dut
J. OF the clerk Of the peace on his own r.
o sponsibilitY. Not after the lists hay
+ bean winnowed and purged by the Lev
T Court.
"There is no affidavit to show wi
: these reputable citizens are who say thu
n the lists are filed with illegal act Ca
o an implied power overcome a state
poweri The direction of the clerk Of Il
r peace is mandatory with a peualt
l. attached. he has the right to ask vol
restraining hand He has the right
2 be projected against the action Of boo
o which will bankrupt him and make hi
a liable to suit after suit at the instance
|" persons whose names have been LETT of
Il want to know what will become
"a the elective franchise II such dealing
/ with the rights Of the people are 70
. permitted IL Is power never given
Q the history Of the state or England. SUE
% a power Was made impossible by u
a Magma Charta. Does 1t not explode Il
II whole bold and audacious claim, obtain,
only nv imnlicatfon IN puroa the lief.