Evening journal., 1892-02-18
SALISBURY SAYS STOP.
The Levy Court Cannot Alter
the Assessment Lists.
THE SHERIFF SERVES THE WRIT

b. Iore Before the Chancellor They
File a BIZ OF compiaint-A Restrain
ing order Granted-Argument .To-mor-
row Morning.
Yesterday afternoon Hon. Thomas +.
Bayard and Hon. Charles B. Lore went TO
Dover to obtain an order restraining the
Republican Levy Court from striking
names from the assessment lists.
Last evening they appeared before
Chancellor Salisbury and presented the
following application:
In the Court of Chancery of the State
of Delaware, in aud for New Castle
county.
WILLIAM P. BIGGs. VS..
Richard G Buckingham,
James q Clark, Andrew
3. Eliason, Isaac N.
Grubb, Paul ellis
Henry d. Hickman,
David P. Hutctison,
John w. Jolls, Samuel
Kilgore. Robert B. Simp-
Ter and Robert Sutton.
To the Chancellor Of the State Of Della
ware
Humbly complaining showeth unto
your honor your orator, William
Biggs. in his own behalf as citizen and
taxable duly assessed, resident IN the
hundred of st. Georges, county ara state
aforesaid, and in behalf OF other taxable
citizens of said county, similarly situated
in respect to the matters hereinafter set
forth and complained OF. and the SAID
William P. Biggs as clerk of the peace.
duly commissioned according to law In
and for New Castle county aforesaid and
the said William P Biggs as clerk of the
Levy Cours of the county Aforesaid
That John j. 0'Hara OF the First
assessment district of Wilmington
hundred Michael T. Conway of
the Second assessment district Of
Wilmington hundred. Charles Whann oil
the Third assessment district of Whining
ton hundred, Howard e. Lodge Of
Brandywine hundred, @. B. Lewis oil
Blackbird hundred, William Anderson Of
Red Lion hundred, William A Cochran
of St Georges hundred. John w Dayetl
of Pencader hundred, Lsmuel Graves Of
Mill Creek hundred, John D. StI adley o
Appoquinimink hundred, James B. Hanc'
of New Castle hundred, R. ]. Morrison
of White Clay Greek hundred and james
W. Smith Of Christiana hundred all Of salt
hundreds being in the county AID etatl
aforesaid, were severally duly elected am
qualified according to law to be and the,
are now the legal assessors of the assess
ment districts and hundreds Of which the
are respectively resident.
2. That that the said assessors Of
Tuesday the second day of February, A. .
1892 in pursuance of TIE laws of the sal
state in such case made and provided de
livered up and returned to the Lev
Court OF said county the assessment list
of their respective assessment district
and hundreds
8. That the said Richard G. Buckini
ham, James 81. Clark. Andrew s. Eliasol
Isaac N. Grubb, Paul ellis, Henry
Hickman, David P. Hutchison, John v
Jolls, Samuel Kilgore, Robert B. Simple
and Robert Sutton are the regularl
elected and duly qualified Levy Cou
Commissioners OF said county, and t
gether constitute the Levy Court Of sa
county.
That the said Richard G Buckin
ham, James q CLARK, Andrew s. Eli
son. Isaac n. Grub, Paul ellis. Hem
ID Hickman, David P. Hutchison, Jol
w. Jolls, Samuel sKilgore, Robert B. Sir
pier and Robert Sutton constituting q
Levy Court aforesaid) have now In the
control the said assessment lists so !
turned and delivered up as aforesaid.
g. That the said Levy Court Comm
sioners since the return as aforesaid
the said assessment lists in the progre
OF the examination and correction of {
assessments so returned by the said /
SCISSORS, have already obliterated, eras
and stricken off from the said lists
names OF persons appearing on the Iii
returned by. the said assessors as taxabl
Of the said county, and have
obliterated, erased and stricken
the same unlawfully and without proI
right and in violation OF the rights of
persons whose names have been
stricken of, and in violation Of the rigl
OF your orator as a citizen of the 81
county and others similarly situated
himself in respect Of said act.
6. That your orator is creditably
formed and verify believes and 50 ave-
and charges that it is the intention a
the purpose of the said commissioners
the said Levy Court SO constituted
afore said acting upon such informati
as they may deem proper cr expedite
arbitrarily and without warrant of i
TO change and alter the said Ii
by striking off and expuneing the
from all or any such name or names
they may consider or declare are !
illegally" upon the lists aforesaid.
z. And your orator further Shove
unto your honor thai the Levy Coz
Commissioners aforesaid, assuming
aforesaid and usurping the power unls
fully and arbitrarily to reduce the nj
Ter Of names upon the said lists Of 7
sons assessed as tsxables. without rot
to the said persons. and after the publ
ton Of their names by the assessors
accordance with law thereby inf ct
irreparable injury not only upon the I
sons whose names are so stricken fl
the assessment lists, but also upon v
orator as a taxpayer and contribHt
member of the community, and nj
many others in like condition with b
self by depriving them of the benefit
assistance that would otherwise be
rived from the payment of the ia
necessary to the maintenance Of
government Of the said county, so
sessed to the persons aforesaid, VIII
names have been, or may be, unlawfJ
stricken off as aforesaid from the {
assessment lists.
S. That your orator further show
unto your honor that he is clerk Of
peace of said county, and that the fl
tions. duties and responsibilities Of
said Office imposed upon him by law, b
already been and are about to be serioI
impaired, invaded and overtime
greatly to the embarrassment and mi
of all the citizens of the said county
the aforesaid continued unlawful and
warranted action and conduct of
said Levy Court Commissioners In al