Evening journal., 1892-03-03

Cannot Assums That Names Are lille gal
Chancellor Salisbury has granted a
permanent Injunction restraining the
Republican majority OF the Levy Court
from striking any nAmes from the lists
A. they announced their intention of do
ing.
The decision is a very able and lengthy |
one. The following are its salient points,
the bill Of particulars preface being
omitted.
BIZ SURE YOU'RE RIGHT
''lf the recital or analysis Of the provi /
sion OF the bill and answers have been
unduly long or apparently prolix, It Is /
better to err in these respects than to he |
wanting In due and cSreful considers
ton in respect TO the matters submitted /
for my consideration.
I'VE are all liable to err. however de- /
sirous We may be to be right. He is for
tunate who after the most careful study /
and consideration is sssuredly right and |
hiss a consciousness Of duty carefully aud |
ocientiouslv performed. l would that /
the duty Of deciding the questions in |
volved In the controversy arising in |
this case could have been imposed upon |
others and not upon myself.
UNREASONABLE EXCITEMENT MERE
"Tbe community constituting the in.
hsbitAnts of New Castle county may have
allowed itself to have been wrought up TO
a state Of excitement and interest un-
reasonable and unnecessary, but we
must indulge the hope that such excite
ment, II IL exists, will pass away and the
public mind and public feeling become
calm and serene whom time has given an
opportunity for rational consideration
aud calm rejection.
HRADINs OFF AN INVASION.
'NOw .hsll not consider the question,
whether as q citizen and taxable of New
Castle county Clerk Of the Peace Biggs is
liable TO the payment Of a tax because
his liability In this respect Is the same as
that of other tsxables, citizens Of said
county On this ground therefore, the
complainant would have no right to
maintain his suit for relief common alike
to himself and all other citizens and
tsxables of said county. But it is very
different question whether the complain
ant being the clerk of the peace of New
Castle county, and As such being clerk Of
the Levy Court Of such county has a
right to maintain this suit, and has the
right TO invoke the equitable interposl-
tlon Of this court.
III the functions, duties and RESPONSE.
oilitiss Of his ofacs of clerk Of the peace
are about to be impaired, invaded OF
ovsrthroWn by the threatened and i'm
pending action Of the said Levy Court
commissioners In unlAWfully altering and
3 | reducing the mum Der of names upon tbs
said assessment lists. 30 that It would b
, morally and legally unjust and improper
for the said clerk Of the peace to join II
the csrtifeation of the said lists whsr
namsa have been so omitted th0refr0m
aud II the said clerk of the pence would
= also become liable to heavy pecuniRrJ
penalties for certifying and furnishing
, duplicate lists to the county officers Of
collection from which names which Wers
on tho assessment lists when returned BY
the assessors had been stricken or re-
4 moved by the said action Of the sAiC
, Levy Court, a very different question
arises from that under the question
= whether as a citizen and taxable he II
9 liable or not liable for his proportional
s share Of taxes levied upon all other eiti
4 zens and taxAbles for the support Of thu
( government Of New Castle county.
THE COURT HAS JURIsDIcTIoE.
Considered In this view the complainant
has a right to bring and maintain hi
suit 10 this court II the allegations Of hi
< bill in this respect are true.
y 1.-The two main grounds Of contention
Q on the part OF the defendants. and whicl
d we're urged at the hearing 81 great lengtl
J, aud with much ability ard vigor. are:
First. That the power given to tn
2. Levy Court Ia sections aud 10. Of chap
q ter Of the Revised Statutes, co cor
e rect aud add TO the assessment returned
1 -. Il L..
y OF the assessment list the names Of an,
. that they may judge unlawful
d thersin.
r. Second. That the inhibition eontaine
IL in sixth secti IN Of the Act Of 1878. a
le amended by Act OF April s, 1881, volume
Is IS Laws Of Delaware, page 306, TO vii
le That Il shall not be lawful for the Lev
d Court in either OF the counties OF thi
state or any member thereof to take frol
the assessment returned to the sal
Levy Court by any assessor, the name {
any person legally appearing thereon
,e by implication gives to the Levy CouT
IS the same power and jurisdiction.
10 THE POWER IS CORRECT
N "a careful examination and considers
M tion Of the status brings one to the cor
clusion that the power to correct"
a, never given In connection with the pow
st to take of names from the assessmei
nj lists. The power to correct Is given
az the Levy Court In connection with Il
power to add to the assessment lists az
al is always In context with the valuati,
Is Of property, the increasing aud diminis
nj iny the amount of the Assessment
and the adding to the lists the names
n. those who have been omitted and &
termining their assessments.
IS. KNEW WHAT IT WAS DOING.
l.. When the Legislature has provid
for the dropping or taking from the .
sessmeut the names of any persons ia
~ should not be thereon. It has shown Oh
~ il knew how to use apt and expire
- words for that purpose. And Il b
- always indicated with precision the We
names which should be taken of a
never left It to any direct provision onla
to the discretion. Judicial or otherwise,
-, any person OF body Of persons to det
l.n mine what names should be dropp
W from aud what should remain on the
sessment list, and that this should be
w Is easily seen when we consider how Sc
NY Gus the furction Of taking the names
'n persous from the assessment lists m
be. IN relation TO the elective franchi
,uu more serious far than the function
uer aiding names 10 such lists.
Now II would not be expected q
81 the Legislature, animated with a j
80 ~. regard Of the fundamental rights 9