Evening journal., 1901-10-15
COLLECTORS
ARE DEFIANT
DOnahOe and Dickey Will Not
Return Adams Tax
WILL CONTEST IN COURT
Levy Court Refers Subject to ItS At
tOrneV, With Instructions 10 Ter
inmate Controversy

John l.. Donahoe and Lewis Il. Diekey,
collectors under the old Adams tax law,
in response to the demand Of the Levy
Court that they pay "a that body all the
tax money in their hands, sent TO the
court ~ its meeting this morning final
answer MIR. Donahoes was:
Wilmington Del. Oct. II. 1901.
To the President ana Members OF the
Levy Court OF New Castle County,
Gentlemen: The resolution OF your
body passed at late meeting making a
demand upon me as collector Of taxes for
the Northern district of Wilmington hum
dred, for the moneys collected by me un
der the Adams tax law in which you CON
template legal proceedings against me
and my snreties has had my attention.
My counsel advises me that he c0nsd-
rrs neither yOu nor | have any right To
said moneys and that | am liable To be
called upon bx the persons who paid me,
and especially those who paid under pro-
test, for the repayment of the money TO
Them.
Amy payment made by me to you or
/ the treasurer of said moneys would in
vovc me in expensive litigation; | must.
/ therefore, decline 90 pay this money to
/ you. ! hereby demand of you that YOU
repay 20 me the sum OF $4,000 which | ad-
vanccd yom as loan. which will appear
/ hy the minutes Of your body aud for the
repayment Of this To me hold yuur bond
of indemnify ! do not think you have
treaed me properly IN the matter by
passing this resolution without At thp
same time, giving the public full infor-
( nation on the matter. III you should de-
terminp % bring action against me for
This money, ! will meet the matter in the
courts and abide by their decision. You
are no doubt aware that your honorable
body now has money belonging tu ME MS
such collector which ! advanced for the
purpose ~ assisting you when the county
! funds were very low; you had no right To
receive Il and | had no wight ID loan it,
since the court has declared the Adams
z tax law unconstitutional and void. Hop
!, ing that You Will give this letter as much
publicity as you gave 10 your resolution,
q. / remain. respectfully yours.
JOHN Il. DONAHOE
r. S.-Iwo of the parties from whom
| / have received money under the Adams
tax law have already entered suit against
me M one of which the claim IS Sc. 200. IN
the other ! cannot give you the exact
amount az present.
n Mr.. Dickey's reply:
a letter Of similar character was re-
ceived from Mr. Dickey who asks the
court 20 return st,1SO, which he says was
q advanced as a loan, out of the Adams tax
i money he had collected
4 II may further say continues Mr.
Dickey in his letter, "that / consider il
y very unjust To me To have You continu,
Il MS ynu have started TO attempt to plae,
me ia a false position by passing resOlu
q tons of this character, ana simply rails
n ing a useless contention in the newspa
/, pers. If after consulting with capabl,
q counsel, you should determine to brin,
| any legal action against me for thil
4 money | am perfectly willing TO NEE
the matter in the courts in proper way
y but | must respectfully suggest that it il
e. improper and uncalled for to be subjected
n % the implication contained in res0lu
" tions Of the character which you hav,
s, passed. As matter OF fact and law
Il your honorable body now has money be
longing to me advanced by me for til,
p purpose Of tiding yon over embarrassin.
4 conditions, and you had no right to re
ceive and ! had no right 70 pay you tn.
y money which is in my hands collected
q under the terms Of q void anl uncOnstitu
tional net Of Assembly
On motion OF Mr. Mealcy the replies
= were received and recorded and the mat
ter referred 10 the courts attorney.