Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1892-02-25
DEMOCRsCYS CHIEF.
Bayards Powerful Argument Before
the Chancellor.
HE ExPoUNDs THE LAW

One Round Bayard, Lore and Gray Too
Strong for Them and Their Fiimsy
Ploas- Riggs Only One Of CIass--The
Chancellor Has Jurisdiction.
At2 10 O'Clock yesterday afternoon Mr.
Bayard began his great argument for a
permanent INJUNCTION he had many
notes and references, and spoke with his
accus omed ease and earnestness.
Before beginning his speech he in
structedihis stenogr apher to take him very
carefully, as he wanted to use the tr MS
cription Of the notes as bis briet
Addressing the chancellor, he said:
If your honor plesses, IL was not more
than ten days ago that first received tina
information that six members OF the
Levy Court had expressed their intention
TO purge the assessment Of all such
names as they considered should not be
thereon.
This complaint has been placed In the
form OF bill in equity and submitted TO
your honor
"Since that time there has been
sworn statement Of such intention in the
bill Of answer. SO that there is no longer
any doubt of the great danger To pre-
vent that we are here.
The case is presented to the people Of
New Castle county Of a new and unde
fined power, never before exercised,
founded on a single word detached from
the contex. This action Is to place the
property and liberty OF the people a. the
feet of this power with nothing more
than the Abatement of these men to as
sure us that their Justice will be tenn
pered with mercy. Necessity brings us
here We have no remedy elsewhere. Tae
wrong is irremediable aud irreparable.
''The injury is OF nature not only to
property. money might pay for that, it is
menace TO liberty which might be re-
stored in is mangled form. but not IN its
perfection. The gravity of this intent
cannot be exaggerated. II | was shocked
at FIRST, consideration Of the law and
circumstances surrounding this case has
made me eager to perform my functions
The actors of to-day may soon pass from
these scenes, but such actions as these
will never die They will live to curse
future generations.
Il have no comment t0 make on those
things said in the heat of argument by
the counsel as to the powers Of the Levy
Court
"Lawlessness begets lawlessness. II
there is to be a competition Of lawless-
will not run in rivalry with any man
who does not respect the law declare
myself to be the opponent Of all lawless-
ness To men who would excuse such
action as this | cannot answer These
a'e my averments To those who know
me well they will be superfuous; to
those who know me not and who will be
the Judges OF my action II would be use
less, out / think 10 proper TO make them
In this case.
81 do not know Of any better porsh
through which can enter this case than
in the decision in Fifth Chancery, page
2l1. delivered by yourself In the case OF
Fox vs. Walker. l have read it because
it is Ia accordance with the great common
sense view of the law The canons Of
the law do not stand in narrow places
They are drawn from the profound
places.
81 will call your attention to the thingl
that have been avoided on this other side
/ shall urge that the Levy Court must fnc
their warrant for whatever they propose
to do or be restrained by the hard OF this
court IL they attempt 90 90 beyond it
The literal construction has in genera
but prima facia reference. IL is neces.
sary to consider the law before It, wha'
remedy It did not provide and a broad
consideration Of the intention. Lor,
Coke did not use a scriptural phrase, bu
he might have said 1T Is the letter tina
killeth and the spirit that giveth life
my learned friend gave his own ex
perience for the ten years he was counse
for the Levy Court, he never douhte,
that the right existed Opposed 70 him
array nearly every other attorney sine
these questions have been mooted.
would call George Gray, John d, Rodne.
of New Castle and John d. Nicholson
that such q question has been raised anl
repudiated. The whole line is unbrokei
In this regard.
1T is an elementary rule that cOnstruc
tion is to be made OF all the parts to
gether and not of one part alone. Tha
is drawn from the fountain Of civil law
The context Of the word or phrase Il
question may limit or expand its mean
ing. Words shall be understood by tn
companionship in which you find them
and cannot be torn from the context {
form a conclusion based on a fragment
The survey must extend to earlier act
for the purpose Of drawing conclusion
from cons truction. The same applies {
acts that have been repealed. They mus
be reviewed. Then we have conference
of new jurisdiction. There is a Dresumr
tlon against the new jurisdiction. Wber
such are given they are not 90 be ex
tended beyond the legislative import, no
are they to be unnecessarily confined.
THE law abhors ex parte proceedings
It is'shocking, monstrous, to strike dow
a mans dearest rights Without notice {
him.
1t Is for love OF liberty and not 70
pay that / appear for this little common
wealth to-day. (Applause)
''It is upon these principals. and carry
ing them In mind would ask you
approach with me the statutes BY whie
the State of Delaware governs Ne
Castle county
1.-The issue in this case as It has bee
raised by the answer and bill and by argt
ment and claim upon that action. Tn
issue is raised between the will Of tn
people, speaking through the Legislator
and the will Of six men composing Of
majority Of the Levy Court existing undo
a statute OF that Legislature.
81 want to know my fate. | was Dor
In this county and | am a taxable citize
and I want to know what Is I'll
power ever my elective franchise. Is
what I contended for or is it not that
always believed possessedY
HISTORY OF THE LEVY COURT
"In 1742 the Levy Court was created
II was called Commissioners for Raisin
County Rates and Levies Il consiste