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

"
behind his back. What we strive is for
our rights to-day under the law, and
what should wish would be to make
my voice ring to-day throughout this
little commonwealth. Subdued ap-
plause.
1t Is upon these principles, ii is in
carrying them in mind | ask You now
to approach with me the consideration
of the statues by which the county of
New Castle is governed. The issue in
this case as raised by answer and bill
and argument in the issue is raised be-
ween the people of Delaware as repre-
sented in the Legislature and SIX mem.
a corporate body established by that
Legislature and its creature.
HISTORY OF THE LEVY COURT.
In the case of Fricszleben VS.. the Levy
Court it became necessary to examine
the laws establishing the Levy Court.
Mr.. Bradford argued that case and he
urgently claimed the jurisdiction of the
court. 1t was the opinion of the court
with the chancellor concurring.
At this moment the chancellor re-
marked that he was anxious to meet the
wishes Of the defendants in affording
them decision at as early moment as
possible.
Mr.. Bayard added: ! share with my
friends the desire to gain a speedy de-
cision. i want to know my fate. / was
born in this county. l am taxpayer
in this county, and am anxious to know
my exact status.
The Levy Court was established TO
assess tax rates. 1t was composed of
eight grand jurymen three justices of
the peace and the assessors. In 1888,
June 14th, an act was passed making
| the Levy Court of II commissioners.
Their power was similar to that of the
former body. After describing their
clerical and ministerial functions Mr..
Bayard continued: 1t is stated that any
one may be struck from the list who re-
| quested. This continued the law of
this State and was up to the digest of 1899.
By this law Of 1929 there was no pro-
vision for putting a man off the list
with or without his consent.
The Levy Courts duties are statutory.
II was not part of the judicial power Of
this State, it had no criminal jurisdlc
tion-no power to try and punish an
assessor. But we arc told without any
allegation they may assume his guilt
for Mr.. Bradford tells us they are sole
lords of the surroundings.
My friend, Mr.. Bradford, errs when
he supposes these levy courtmcn are the
sole fiscal agents of the State. They CO.
operate with other financial officers who
are entirely Independent Of them.
The assessor is of vital interest in the
fiscal needs of the county. He is sworn
officer. He has his functions and duties
Independently, not punishable nor re.
warded by Levy Court; but there arc
duties reyisable by the court given them
by the Legislature. For whose use
were these officers elected? The clerk
of the peace, by virtue of his office
becomes clerical agent of the Levy
Court. Here we find three officers
although will refer to the collectors
offices as now abrogated. These are in
dependent officers. The Levy Cour
has its own functions by itself, but co
operative with the others.
Your honor, whose are these power
exercised by the Levy Court, the asses
sor and the clerk of the peace? They
belong to the people Of Delaware. Al
these offices belong to the people. AL
the advantage and usufruct comes bacl
to the people. The assessor has certain
duties he owes the people. The Lew
Court cannot pardon him or chang
those duties. He is expected, for in
stance, to hang up his books, for wha
! purpose? In order that all may exam
inc to see whether they are on the list
Then the books go to the Levy Cour
!, until Goth February. Then they ar
hung out again.
But say grant the power to the Lev.
Court to cut off the names as they wisl
: them. | must say it looks as if m,
, friends contemplate only one side 0
} the question.
: How could the law have intended tina
. the Levy Court has this right independ
} emily to strike off names as they please
Of the members of the Levy Cour
{ there is only one n resident of the cit.
of Wilmington, the hundred in ques
: ton, and he is here admitting and takin
Q the oath that the complaint is true.
9 The duties of the Levy Court includ
Q the transfer of property-they receiv
an application on voucher for addition
n to the list. No name, however, can b
: added to the assessment list. The ap
i peal is from the list as it stood hung u
q on goth February. The powers of th
1 Levy Court are to correct amounts an
n erroneous assessments of property.
The law is that every freeman abov
t the age Of 81 shall be rated above hi
It assessment. The whole plan of th
| law must be taken in order to comprt
C hend what these half-a-dozen men pre-
t pose doing.
Our friends contend that che power
Z correct lists gives them the power
d change the lists as they may thin
! proper.
want to show your honor what ii
il Legislature meant in using the wor
e "correct"-they ought to correct fl
e omissions. | want to show you th;
e the Legislature meant the thing the
|. said-and without possibility of beii
; misunderstood. Mr.. Bayard quoted Il
it words "to correct the assessment" four
Ic in the law and asserted that this ind
u, Gated the meaning and application
t; the word correct"
|, Suppose this body of six strike G
If names and give no notice of 1t.
,r If | We're describing in one word Il
t, drift OF my friends argument wou
IS saw they are endeavoring TO turn el
franchisement into dsfranchiscment |
y striking off the name of q person fro
IF the assessment list during his absence.
t. Now I've shown you that the wol
te correction was used only in regard
ie property. AT q separate time the deli
auent list was considered. There we
Or two other occasions in which the Legi
u lature intended the power and di
c. should be exercised by the Levy Cou
re in regard to taking off names. The ne
law of '73 provided that Levy Cou
in shall drop the entire delinquent lii
er The law OF assessment of '73 says