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

The Hon. Thomas Il. Bayard made
the closing argument before the chan
cellor in the Levy Court injunction case
in United States court chamber yester-
day afternoon week.
During the whole of the address the
large apartment was crowded to its full
est extent.
Chancellor Salisbury took his seat at
2.15 o'clock.
Mr.. Bayard said, in effect:
Ii your honor pleases it was not more
than 10 days ago that l first received
the information that the majority of the
Levy Court of this county announced
the Intention of purging the assessors
lists OF all such names as they may think
not proper.
The complaint against this action has
been made to your honor in case in
equity brought before you. Counsel for
the majority of the Levy Court has ably
argued before you these facts. So there
is no doubt of the danger to the COM
plainant being carried into action. To
prevent that we are here, and my asso-
ciate.
The case is presented to the citizens Of
New Castle county, of a new power
never before exercised, based on single
word in a statute detached from the
context. And this incredible and novel
power is announced to place the prop
erty and franchises of the people of this
county at the hazard of the majority of
the members Of the Levy Court, and all
this at the word of these six men who
propose to "temper their action with
mercy" Your honor, the necessities of
the case bring us here. There is no other
judicial tribunal in the State that can
give us remedy but this.
For it will be according to their con-
tention the exercise of high judicial
power with which it is proposed to
clothe them. The wrong done in these
acts is irremediable. The injury is of
nature not only TO property-money
might pay for that--but II is to liberty.
And that can be restored only in its
mangled form.
Your honor, / don't wish to weaken
strong case by strong words. Its i'm
portance has grown on me as | have
considered IL. If was shocked at first,
after perusal Of the law, | now feel
there never was moment when ap-
preached a function as the one /
now hold with such reverence. l have
no imputation against any man. The
actors of to-day will pass away, but
the deeds sought to be established to-
day will live to curse its perpetrators.
] have no comment TO make on those
things said in the heat of the suit Nor,
have one word TO express in regard to
lawlessness in any form, but to reiterate
my adherence. | will run the rivalry
with any man who proposes to respect
the law. ] can see that in an effort to
try who can farthest outstrip the other
in shame, our government will be in the
hands of the most shameless class OF
citizens.
In the election franchise is the spring
and fountain of our freedom. If that
be tainted, then, indeed, will the waters
be bitter.
If your honor pleases, would say
this, in the presence of what we have
heard, the search for political virtue
might be supposed to be confined to one
side in the political parties. To thost
who know me these aYerments arr
useless.
May / say one word on the matter O.
the powers of the high court in which
stand? In my Judgment and my read
ing no better impression of equitabl,
jurisprudence can be found than in thi
expressions in certain case of TIL,
Judge who now sits in this court
Mr.. Bayard then read extracts from
the address referred to, made by Chan
cellor Salisbury. The canons of lega
construction are not founded on
narrow structure, but are drawn from
the vast sources us related in the opinion
referred to.
The question to which / shall attemp
TO reply and the phases of the case--no
purposely avoided on the other side
shall demonstrate to your honor tn
principles on which the Levy Cour
bases its rights.
Here is proposition-a purely stat
utory power or right must be exercise
entirely within the limits and restric
tions of that statute.
Mr.. Bayard then went into histories
reference, showing that in the exercis
and understanding of law the caus
of it, the history and surroundings, til
former laws must all be considered
Mr.. Spruance even, who had 10 year
experience of Levy Court, said that
never occurred TO him to consider TIL
question. l would call on George GRAY
for some years an attorney of the cour
/ would call on my friend, John /
Rodney, who was the recent attorney
the court, and also Mr.. Nicholson, fl
years the attorney of Kcntcounty cour
that such question was raised and W;
repudiated.
Another rule--it is an elemcntar
rule that construction is to be made
all the parts together and not one by i
self alone. A survey of the whole staiu
is of advantage as harmony in Il
whole is to be supposed.
Again the context of the word Z
phrase may limit or expand its meal
ing. Words should be understood a
cording to the companionship they a
In.
The context is to be consulted
order to avoid inconsistencies. Earli
acts relating to the same subjects--tl
survey must extend to them even.
Another rule-it is in respect of Il
conference Of new jurisdiction. 1t
there is a presumption against the ne
jurisdiction. They are not to be c.
tended beyond fair import. AS
summary jurisdiction the pr sumptic
as against new Jurisdiction apple
Words comforting new jurisdi' ion mu
be very clear and strictly .ued. \
presumptions are to be made IN favor
such Jurisdiction.
This Is the keynote of the opposite
TO the claims made here. The repeal
implication is not favored. 1t shou
not BIO adopted unless it be inevitable.
The law abhors action without motto