The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1892-02-16

Afofs NSNAb > VI 1ilSN
away the old idea that 1t was unlawful
to male additions to the assessment
IN the month of February. So accus.
toned do deliberative bodies become
to certain theories and customs, that
they in time come to he looked upon
as law, and any innovation upon those
theories and customs are denounced
as violations of law. So this idea
that it was unlawful to assess anybody
during the February sitting of the
Levy Court, had woven itself into a
theory OF law, which at the present
sitting of the court had become as un-
alterable as the laws OF the Modes and
Persians. There are certain we'll
grounded reasons why the February
sittings OF the Levy Court should not
be hampered with large bodies OF per-
sons interrupting its proceedings, and
thereby, perhaps, preventing the re-
vision Of the assessments which is the
principal business of the court during
that month, but no law can he found
that prevents Il person unassessed hav-
ing his name placed upon the assess-
ment lists during February.
Therefore the assessment of Alton
G. Pyle yesterday was perfectly loyal,
as It violated no law and broke down
q usurge in the court that might un-
der some circumstances havo become
injurious to the public veal and
welfare. Indeed it seems anyhow as
IL the cart was put before the horse by
making March the only month in
which the Levy Court could add names
TO the assessment. If February had
been made tho special month for add
ing to the assessments, those then as
sessed would DO entered upon the du-
plicates hung up and the people could
see If their names were upon the as
sessment and if they were not there
they could have the omission remedied
In March. .....
Another idea has become crystal
lied into law Of the Levy Court that
Is not law and which will probably
also be swept away by the present
Levy Court. This Is the pestient the
DRY that the Levy Court has no power
to Interfere with OF reject a name from
the assessment no matter how the
name got there, whether legally or H.
legally. This erroneous idea has
grown on the Levy Court ever since
1873 when the present assessment law
( was passed for very questionable pur-
poses. No doubt that law prevented
the Levy Court from interfering with
the assessments SO far as il related to
striking names entered from the as
sessment. But there seems to have
been an utter forgetfulnesS that in 1881
this law was repealed and q new law
was passed which entirely changes the
aspect OF the old law. Tho same sec
ton which in the old law prevented
the Levy Court from striking n name
from the assessment whether legally
or Illegally put there. IN the now law
gives the Levy Court the power to
strike from the assessment the name
OF any person Illegally assessed.
There can be no doubt about this.
The section in the old law of 1873 ap-
pears in the new law of 1881 word for
word with the addition of the word
illegally" placed before Lie word "us-
sessed." II il was intended that No
change should be made why was this
word illegally" inserted It mus,
have been done for some purpose OF
1t would not have been there. and nc
matter how 1t got there it is there. II
is an adverb that has meaning, and
that meaning is that the Levy Court
cannot strike from the assessment the
name Of any person legally" assess
ed, which, of course by opposite rea
soning, means that 1t can strike from
the list the name of any person not
illegally" assessed. That tie Demo
cratic Levy Courts had not discovered
that law is their own fault. They haC
got SO in the habit OF looking upoI
the law of 1873 as the only one bl
which they were governed ia this res
pect that they now refuse TO lie gov
erned by the amended law OF 1851
While the present Levy Court l. brush
ing away errors of habit let thom no,
brush away this error also Of still hold
ing to the idea that tho Levy Cour
has not the power to strike from HI
assessment the name OF a person Hid
gally assessed.