The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1892-03-03
FOURTH edition


FRAUD SUPPUhIED.
Chancellor Salisbury Decides that no
Names can be Legally Stricken from
the Assessment-The Republican
Members of Levy Court to Pay the
Costs.
The decision of tho Chancellor Is
TINT no names can be stricken from
the assessments returned by tho as
SCISSORS, no matter how Illegally tho
names have been assessed nor how
many fictitious MINES may be amongst
them,
The decision is too lengthy to pub
fish in full but the following conden-
sation OF it will give its import The
Chancellor says:
/ We are all liable to err, however de-
Srous we may he to be light But IL
was said III the course of the argument,
and it may DO true, that no tribunal Is
existing in the state for the decision of
the matters in controversy other than
That OF the Court of Chaneery. /,
therefore assume the duties of my
position without fear, favor, reward,
OF the hope thereof =..=
/ Tho community constituting the In
halttbnts OF the county of New Castle
may have allowed itself to have been
wrought up to state OF excitement
and interest unreasonable and un-
necessary, but we all must indulge
the hope that such excitement, II it
exists, will pass away and the public
mind and public feeling become calm
and serene when time has given an OPP
iportunity FOR rational consideration
and calm reflection.
The first point decided by tho Cham
Icallor was That Clerk OF tho Poace w.
II lIfFH4 had "a Isifrlt la lrinfF mud
maintain suiC in court of the allcga-
CATIONS il his bill were true.
I The Chancellor then reviewed the
power claimed by tho respondents to
strike oil Illegally assessed names
from the assessment. lie says:
! A careful examination ANA consider
'ia,iOn of the statutes brings one to tho
conclusion that the power "to cor
rect Is never given in connection with
mo power ito take oil" names from
tho assessment lists,
i The power ito correct" is given TO the
Levy Court in connection with the pow
len to add to tho assessment lists and is
always in context with the valuation OF
property, the increasing and diminish
ing the amount OF the aSSussinentS
and the adding to the lists tho names
ijof those who have boen omitted and
determining their assessments.
We do not think, therefore, tho
words correct and add" and ''mako
additions and corrections" in the 9th
> and 18th sections of chapter of tho
: hhNlSed statutes, or wherever else
they may occur, are to be taken in
= this case us equivalent to tho words
take of and add" or make addi-
; lions TO and omissions" from the as
1 Srssment list.
= III conlroverting the power OF the
Il word legally" upon which the res
lUondonts lald so much stress, the Chan
Icel!or review ed the power and ddties
joI the assessor as laid down in Mr..
. BaNard's limo OF argument, and says:
G Now let us consider what the force
8 ana effect OF tho word illegally" In the
sixth section OF tho act Of 1851 is and
4 to what it has relation. Mani.
testify it would seem to the pro-
+ visions of law just quoted. Suppose a
= name had been returned on his list by
t the assessor which had been within the
a twelve months returned as uelinuuent
) by tho collector and had in obedience
to law been dropped by the Levy Court
g from the assessment list. The law
Q lofbndc the nsSessor to udd that parLi.
l. cuiar name to his list and declared that
% II should not lbs placed thereon by
anNbOdy. Clearly sucha name did moi
} legally appear thereon. The law
n Itself points out and designates the
T. very names which cannot thus
: legally appear on the assessment
nelhlhg IS lett to the judicial do
l. termination Of any one in order tC
$ ascertain them. Tut this cannot ap.
= ply TO names which some person OF
T. persons, 10 matter now Responsible,
u may ever to DO on the lists Illegally,
by reason of some alleged trnnsgres.
4 ~ ar t..A lRNV. l. i -
Y Which cannot be determined except 10y
judicial inquiry. The presumption Of
= the law Is that the assessor has per
formed his duty. and when lie return.
H. Ills aSsesSnl n ut the time and In tbs
manner provided by law, the name!
:. thereon legally appear, the law itsel
h makes the contrary appear by point
H. lnE out ascCrtained names that ar,
forbidden TO uppcar thereon. To drOl
h These Involves only the Performance,
|. oi II ministerial duty. But to droI
II those which the answer of the major
ny of the Levy Court declares the'
|, intend 10 drop, involves very differ
enl kind uEduty, to wit, n judicial one
a. lie Chancellor then reviewed til,
/. power OF tho Levy Court in Il judicial
CAPACITY. lie says:
l.. There is no Instance of any previous
<, or subsequent legislation unierluklnl
II, To grant such Il power. | need no
~ dwell upon the ilnl orinnce and ynu,
o. the rights II proposes TO deal with
ie II 1t exists 1t can make the lists of per
sons qualified to vote wlmt tho major
lily OF the Levy Court please8; surel,
@, tie assertion of n power so TAR reach
mr. as to he abia to overthrow all TIN
secuIily OF the elective franchise
IL should NOS be made except upan III
loot aud express authority of the Leg