Evening journal., 1892-03-03


THE Office Of assessor is created by |
law, and the duties attaching TO It are
carefully d5nae and described. he Is |
elected in and for 4 com Paraiively small |
district. presumably from his knowledge |
aud acquaintance of aud with persons
and property therein. The provisions OF
law prescribing his duties sre exceedingly
precise and stringent, and II he obeys
them the lisus made by him will be as
accurate aud fsir as human agency can
make them.
but we again note that there is no
authority expressly given to the Levy
Court or to anybody to take from the
lists so returned any name whatever, and
no method or manner Of doing 80 is
stated or described
THE WORD 'LEsALLY" SxPoUNDED
NOW lot us consider what the force
and effect Of the word legally In the
sixth section Of the act Of 1881 is. They
claim by virtue VI It the right to strike
of names.
"Here is clsim OF Judicial power Of
very high and important character. No
mode is prescribed in the law for the
exercise Of this power. They may have
evidence or not as they please, they may
or may not rest satisfied with the charges
and believing them TO be true proceed
forthwith without bearing or notice to
drop any or add the names thus incul-
pated. There is no instance of any pre-
Vious or subsequent legislation under
taking to grant such a power need
not dwell upon the Importance and value
Of the rights IL proposes to deal with. II
It exists II ga make the lists of persons
qualified to vote what the majority
Of the LSavy Court pleases; surely the as
| sertion of power 30 far reaching as to
be able TO overthrow all the security OF
the eleetivs franchise should not be made
except upon direct aud express
authority Of the Legislature, But there
is no direct or express authority any
where to be found on the statutes OF the
state for such 4 monstrosity of assump-
ton, At best, it Is claimed to rest upon
the implication arising from the use of
the word legally IN the sixth section of
the act Of 1881. Such power must rest
upon position and direct expt ession IF the
legislative will and not upon Implication.
The members OF the Levy Court are not
authorized by law to drop from the as q
sessment lists returned to it by the
, several assessors OF said county any
names appearing thereon. or to do any
, OF these things which In the eleventh
, paragraph the majority Of said court say
! they propose and intend to do.
The clerk Of the peace of New Csstl,
county has a special interest in regard Il
/, the duties of his Office as imposed by Law
, In the integrity Of the assessment lists q
! they left the hands Of the assessors
"Mr. Bradford characterized the Demo
cratic claims that all names should sta
on as G'monstrous proposition. Bow nue.
+. more monstrous Is the proposition tina
= the Levy Court has he power to strik
from the assessment lists returned to
4 or the clerk OF the peace the names 0
\ persons on the assessment lists so re
= turned. when the clerk Of the peace Is b
/. law required TO place upon his duplicate
- the names returned by the assessors an
n as returned by the assessors.
n MUST BOW TO TIE LAW.
!; "The clerk Of the peace must obey th
law as 1t is and not as others by implies
, tion would have IL to be. Fortunatel
g for the people Of the whole state til
y law by which they are governed is clearl
. expressed and not the subject Of imolic,
y tiOn merely. This express law Of tn
,, state would subject the clerk Of th
q peace to pecuuiary penalties II he fai
% to observe and obey It. What would
% the consequences II the proposed actio
Is Of the Levy Court was TO be adiudge
% legal, and the Levy Court of New Cast
l. county DO adjudged 10 possess the pow,
10 which they claim in respect to the asses
ment lists as returned by the assessor
and what would be the conss
Il quence If their example was followe
is In the other counties Of the state it
Is not for me to determine or even
imagine.
N OVERLOOKED IN ARGUMENT.
n "Tbe opinion had been dictated thu
D" far when my eyes almost accidentally fe
upon the the 9Th paragraph of q
answer Of the members of the ajorii
Of the Levy Court. | do not recOlle
=, that this paragraph was particularly di
cussed, II discussed at all, in the arg
% ment Of this case, and my attention to
y NAV not have been called in the arg
y mont. Let us consider it. In 1t the d
PENDANTS deny that they have unla'
ou fully or wrongfully obliterated
- stricken cff names Of any person on d
n lists, but that whatever names we
30 stricken off were names illegally plac
~ thereon.
ls 1T is not for the Levy Court Comm
"a sioners to assume that such names we
- illegally on the assessment lists as
" turned as aforesaid and that thereto
:. they had the right to strike them Their
~ from, for that is one Of the points
contest or controversy in this cause.
these names we're on the assessme
a. lists when returned TO the aforess
n Levy Court, then this court has alrea
is indicated the opinion that they could Z
Ter be stricken therefrom by the Levy Cot
mt Commissioners.
TO CIT WONT DO, GENTLEMEN
nd "If they have stricken of or expung
on from the lists 80 returned or changed
m. altered the said lists by striking or {
nts punging thersfrom any names or nal
Of whatsoever appearing thereon the char
IA. Of so doing is not satisfactorily answer
by saying hat said action was not do
arbitrarily or without warrant Of law,
that question is for this court to dec
led and no. for those defendants to determ
as. for themselves when the proprietY a
hat legality of such action is the matter
hat controversy In the cause.
ess at won't do for a majority Of the La
has Court to say as they have done In tn
cry answer TO this paragraph Of the bill O
md they, as constituting a majority OF
aw, sad Levy Court. intend TO cause to
, OF stricken from said assessment lists so
ter turned as aforesaid such names and o
ped such names as the said Levy Court, WI
as engaged in the discharge Of What q