The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1892-02-08


Democratic Inconsistency.
Not a day passes now that we are
not told by the Democratic papers
that the aid OF the courts will be invok-
"a II any attempt Is made by the Re-
rublicans in the Levy Court to correct
the outrageous, self-evidentfraudp per-
pttrated in the lower wards assess
udnx Notwithstanding the fact that
the anended law of 1881 plainly de-
clares that the Levy Court shall not
strike from the lists tho names of
those legally assessed, it Is con
tended that the word legally
amounts to nothing. What was the
word ever put in that law in volume
10 for IL not to give the Levy Court
the power to strike off illegally as.
Hessed names? II the word means
nothing why should tho trouble have
+ been taken to have it inserted by our
lawmakers The old law OF 1878,
which did not contain the word lie
gally, might as well have been left
STANDING without the trouble Of max
Ing any alterations.
Legal and illegal are words as op.
posite to each other as the antipodes,
and common sense teaches that when
o law says the Levy Court shall not
strike from the assessment any name
legally" assessed it means that the
Court can strike from the list any
name Illegally assessed. There ought
Z not to be TIVE opinions about that.
But says some would-be lawyer here
ie law away back in the old code de-
lining the duties Of the Levy Court
chat provides a fine of SD on the clerk
OF the peace if he refuses TO place upon
the tax duplicate the name of any per-
son the assessors may have assessed.
It hardly appears consistent that this
law would have any bearing on the
case In the face OF the repeating clause
OF the law 1881 which closes with the
declaration that ''all laws or parts OF
laws inconsistent with this act are
{ Sereby pc d."
But again say those would-be law,
& Scrs, 1t Is legal for person to be as
sessed in any assessment district in
Wilmington without regard to the dis
tfiot he lives in; that Is that, Whining
ton Is ahundred and all that is required
be assessed in the hundred in
49, he lives. and II makes no differ
ence by what assessor he is assessed.
They say this in tho face of the pro
81 hn 10
Ee-affirmed in section 4, chapter 800
volume 16. Laws of Delaware passed
April 8, 1881, which says; "Or if any
assessor shall knowingly place upon
euch assessment any fictitious namo,
or the name OF any person not at the
time resident in the hundred or as
easement district, he shall be guilty
Of a misdemeanor and upon conyic-
ton thereof ehall bs fined for every
such offence not less than one hun
dted dollars, nor more than live hun
dred dollars"
We are told that all that can be don,
Do vindicate the justice OF this section
is to prosecute the assessor for
violation OF his duty but that til
name OF the person whom he i
convicted Of assessing Illegally mus
remain upon the assessments as lagall
assessed. The consistency Of such
course will be Instantly questioned b.
any and every man OF common INTEL
genco, II it was only requisite chat;
voter should be assessed IN Whining
ton hundred, why does the law speci
1cally say 'in the hundred or ele
ZION DISTRICT"
To maintain this Democratic col
struction of the law, the power and to
Eor of the courts are threatened, an
by an injunction the Levy Courtis I
be prevented from striking tLis mas
Of Illegally assessed names from tn
assessment, hundreds OF them bein
entirely fictitious, and ii stricken {
thea by a writ OF maudanus, thb low
O5urt is to lie compelled n replas
tne names. Viii the courts 90 III
Let the people keep their eyes opt
aud watch tho proceedings Of tho
law-abidlng Democrats, who for t
sake OF bolsterlng up barsfac'
fraud would dlscredit the law pass
by their own legislature III 1881.