Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-02-25

and unlawful power in reducing the
number of names upon the list of per-
sons assessed as taxablos.
IDEAS ON CLERK Braos.
Clause 8 denies that "the functions,
duties or responsibilities Of the said
William p. Biggs as clerk of the peace
as aforesaid imposed upon him by law,
have been, or are about to be impaired,
invaded or overthrown by any action or
conduct of the said Levy Court, or any
of the commissioners thereof, as falsely
charged in said paragraph 8; and these
defendants further deny that il will be
either morally or legally improper or
unjust for the said William T.. Biges,
clerk OF the peace as aforesaid, 10 Join
in the certifcation of the correctness
and legality Of the said assessment lists,
as the same shall be revised and cor
rected by the said Levy Court, when
tho same come TO be delivered to the
receiver Of taxes, as provided by law, MS
falsely charged in said paragraph s; but
on the contrary, these defendants aver
that the said William p. Biggs, clerk as
aforesaid, before entering upon his OIL =
cial duties, made solemn oath that he
would faithfully and lmpartially per-
form all the duties of his said Office
with fidelity, and that among said duties
is the duty expressly enioined by the
statute in that behalf that the SAID Will
liam L. Riggs, clerk as aforesaid, should
observe the orders and rules of the said
Levy Court in all things relating to the
duties Of his said ofiice.n
oILnls AND mANcE wurTEwAsuEp.
Clause 0. "These defendants do not
admit, but on the contrary deny the
truth OF the allegations contained in
paragraph nine Of said bill of com
plant in manner and form as the same
are therein set forth; but these defend
ants admit that after the return to said
Levy Court Of said assessment lists, as
aforesaid, one Of the said assessors did
by direction of ono and only one of the
said Levy Court commissioners add To
the assessment list SO returned by the
said assessor The names OF Two persons
who had appeared before said assessor
while sitting for the correction OF errors
in his said assessment and been dulv
vouched for by affidavit pursuant to the
statute in that behalf, tie said assessor
at the time of adding said two names as
aforesaid then having in his possession
the proper vouchers for the said two
persons and the said commissioner
OF the Levy Court SO directing said two
names to be added to said assessment
list,then believing that under the statute
Of the State of Delaware the. said two
names should be so added to said list
after the return thereof by said assessor
as atoresaid; and these defendants aver
that upon the adding of said two names
70 said assessment list question arose
among the said Levy Court Commits
sloners whether said two names had
been lawfully added TO said list, and
That thereupon several of said Levy
Court Commissioners consulted the ut
torney OF the said Levy Court upon the
subject, and We're advised by said attor-
neythat said two names had been added
to said assessment list unlawfully and
should be forthwith stricken from the
same, and that Immediately after said
advice from said attorney the said Levy
Court did order and cause the said two
names so added to said list 10 be stricken
therefrom."
The same, clause also denies that Levy
Court has undertaken at its will and
pleasure and without warrant Of Inv
70 AID to the said assessment lists at
other umesior places, or in other modes
man are prodded,by the law in that
behalf"
Also that those defendants further
deny that the said Levy Court commits
siorers or any of them. save as herein
above statelin this paragraph, at q date
subsequent toithe date fixed bylaw for
the return Of said assessment lists by the
:said asasssor8, have, or has caused 10 be
entered upon the said assessment lists
the names OF any persons not personally
appearing before the said Lovy,Court
as requiredyby law, or the namesiof any
persons not voucled for by such proof
as IS required by law, or attested in the
manner prescribed by law"
Clause 10 denies that the defendants
have been guilty of any DETACHMENT or
hnlawful alteration of the lists, or that
they propose to do So.
TIE PADDED LISTS CONCEDED.
Clause II states that reputable and
responsible citizens openly charge "that
a very large number Of names appear
ing upon some Of the said assessment
lists returned by said assessors 10 tile
said Levy Court, on the said second day
~ ~ ~ uaIy, instant, were unlawiuily
snid a.sess n H H. IT,. i,,sai.y apPear upon
tictit;ons ' na, i'sts, wa. tilese incluae
non.ros;da ,asiiVs, hiso u loIge huhiper OF
noiI.tsro 'pi,'s, I'm, anu also 4 NUMBER OF
i~''7'' N"'''9 "''e4iy asScsseu'
THE Defence OF usURrArtoN.
The same clause continues.
"rhat the commissioners of Tho ala
Levy Court, recognizing that il Is If
paramount Importance that the soil as'
sessment lists, As finally revised mi
corrected by the said Lew Court shaii