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

the poll .ical liberties Of every man In
New Castle county. Conspicuous citizens
will not be stricken of. II will be the
poor man who, nevertheless has the
rights Of citizenship. They are the men
who will suffer
"What becomes OF the cherished privi-
leges given to the poor man under the
Bill of Rights II this secret, exclusive
summary power is to be given.
THE QUESTION OF JURISDICTION
"The question Of jurisdiction Is con
coded. IL is question as TO whether
Mr.. BigPs Is proper person to bring the
com plsint He Is a lawful voter. The
voters constitute about one-ffth OF the
population. The taxpayer Is one OF a
class. Women and children have the
right to be protected under the law The
better half of the community are shut
out from voting. He belongs to a class
limited by law. He holds an office of
honor. IL is a privilege. This action AZ.
fects b 8 powers aud privileges He has
a penalty TO face. He can't bring the
action OF the Levy Court as a defence.
BE has most special interest beyond
that Of citizen at stake In this,
The duties Of the clerk Of the
Levy Court are but mere
fragment OF his duties as clerk Of the
peace. The word legally does not give
power TO strike these names of. Suppose
the clerk is ordered to do an Illegal duty
can he plead rs an excuse the order oil
the Levy Ceurti Certainly not. He
might as well plead II as an excuse fol
putting poison my food; and l would
just as leave he did do II, or try to do IT,
as to do what he pr lposes to do now.
1--WE complain that this diminuitioI
would cause loss TO this and other tax
payers. The larger the list the smaller
the per capita tax. II seems that they
are now dropping down upon the relation
OF MIR. Biggs TO the public at large
Every one Of the decisions cited by my
learned friends were In cases heard out
side the state, and on public nuisances
81 think the authorities will give hin
rights as a taxable and voter. II not, hi
position as clerk Of the peace Is imperiled
and that is justification for his coming
here. IL the power of redress Is no
here II Is nowhere W the remedy Is no
here IL Is nowhere Good government
cannot exist under unlawful powers
We have no statute upon the subject
{ but we lay before you the facts. / al
satisfied to rest this case here.
cant imagine more irremedabl
wrong or one which need
quicker redress. expect an injunctio
TO follow the restraining order We hol
that the intention expressed and the wor
legally are In direct contradiction. w
ask that the word legally be left out G
the injunc ion as the Levy Court woul
! keep on begging on that ground"
he finished argument at as ocloek.
Chsncellor-"When the bills were Gle
in the name Of the attorney general. wei
they not nuisance cesesf"
Spruance-"All but one in Michigan
CHANCELLOR will stay here until
decide this case
Counsel on both sides claimed that the
could not get their briefs ready to-mo
{ row, and Mr. SpruaAce told the chancell,
that he had better 60 home and the brie
J would de sent to him. He decided TO
g so.
THE CHANCELLOR STILL HERE.
y: Chancellor Salisbury spent to-day
I the Office Of his son, Willard Ssulsbui
. Jr A number OF prominent lawyers al
:. others called upon him. He expects
y 60 home sometime to-day.
The lawyers briefs will not be sent
him until tomorrow. A permanent 1
, juno lion, restraining the Levy Cou
from striking of names Is expected ,
= Saturday or Monday at the latest. III
chancellor does not want to regard q
= legitimate work Of the Levy Court.