Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1895-03-28
lSNoT IN THE ASSESSMENT DISTRICT

-
The Twelfth Ward Was Duly Admitted
within tho City Limits, But Was Never
Made Part of tho Third Assessment
District OF n-Budson's Com
test Therefore FalIs--Leglslation Siay
be Necessary.
Chief Justice Lore, on Friday, handed
down the decision in the superior court
Diminishing the petition Of Charles II. Hud-
son for mandamus TO compel the issu-
ance of a,certiicate Of election to the petit
toner US assessor of county taxes for the
Second Assessment district OF the city OF
Wilmington. The certificate Of election
was given by the inspectors to James +:
Farley, Democrat, the election officers OF
the Third district, Twelfth ward, having
failed to comply with tho law in the
matter of making their returns. Hudson
asked for writ of mnndamus compelling
the inspectors to reasonable and issue the
certificate of election to him.
The case was fully argued In the superior
court Thursday afternoon. Philip Q.
Churchnan and II. H. Ward appeared for
Hudson. while Alexander b. Cooper and
J. Harvey Wblteman represented the de-
fence.
The defence raised by counsel for Mr..
Farley is that the Third Election district of
the Twelfth ward is not part Of tho
Second Assessment district of the city of
Wilmington, and that there could not be
an election held there for the office of
assessor for the said Secoid district of this
city in territory not specifically named
in the law as being portion of that Gis-
trict. The contention in detail is this:
That no part OF the Third election district OF
the Twelfth ward, or at least no part OF so
much Of the Third election district OF the
Twelfth ward as is bounded on the east by
Union street and on the west by Green Hill
avenue. tho north nv SIKH gtfpNt and
the south by Linden street extended, IL a part
OF The Second assessment district, as Ibid out
by law, the said assessment district bnlnI COM
posed OF the Third. Fifth, Teuth and Eleventh
wards alone. az provided by tho act Of General
Assembly, passed at Dover, April 9Th, 1889.
And further no legal or proper election could
be hold, or was held in the Third election dis
trictof the Twelfth ward for that tho reason TINT
the voting pla'e was situated in
u locality which was never included within the
designated boundaries ct tho Second assess-
nent district as described IN tile act providing
for the same.
The defence further contended that the
act referred to established the boundaries
of the city as follows;
And all that portion Of tho said hundred COM
prised within he limits OF the Third, Fifth.
Tenth and Eleventh wards OF tho said city rs
now laid out and established by law, shall be
the second assessment district. This act does
not recognize the twelfth ward Of tho city. NOR
does the b lundaries include the disputed ter
ritory; hence the attorneys for Farley claimed
that thers could not have been u legal election
held for assessor of the Second district IN n
territory not included In the boundaries Of the
district us established by law.
The attorneys for Hudson. in answering
the defence, called attention to the act of
April 10th, 1885, extending the city limits
TO Greenhiil avenue and adding the terri
tory lying between Front and Twelfth
streets; that this territory had been as
signed to the various assessment districts
of the city, and that q portion of this
territory is that included in the Third
election district of the Twelfth ward. Sec.
tion 3 of this act, provides, it was con-
tended, that the city assessors of the Sec.
ond and Third assessment districts proceed
in the assessment of taxes, in the same
manner and subject to the same rules rs
prevail generally i'll the city OF Whining
ton.
The Court on Friday announced its
decision in few words, the Chief Justice
disnissing the petition tor Il mandamus
on the grounds that the DISPUTED territory
bounded by Union. Green Hill, Sixth and
Linden streets-cumprising the Third cleo
ton district-is not part of the Second
assessment district, and, therefore, there
was no legal election held in that district
Tor assessor. The decision of the Court
throws the costs of the case on Hudson.
The decision also makes it necessary to
secure prompt legislation in order to ell
force the collection Of county taxes in the
disputed territory. There Is no question
that IL is legally within the city limits. but
it has not yet been made by law part of
the Third Assessment district. The defect
will probably be remedied at the present
| session of the Legislature.