Evening journal., 1913-09-25
ELECTION VOID,
COURT HALTS
BOND ISSUE
Chancellor Issues Restraining
Order in Delaware City
Street Litigation
HOLDS THAT TOWN
ORDINANCE WAS VIOLATED

Chancellor Curtis yesterday after
noon handed down decision in the
case of John J. SaAson. j. =. Sad
Ter and Mary j. Griffenberg VS.. the
Mayor and Council Of Delaware CITY.
Daniel o. Hastings represented the
petitioners. and T. Bayard Heiscl. the
Mayor and Council
Chancellor Curtis decided that the
extra election held last June author
izing the city to issue additional So
600 bonds for street improvements
was null and the issue of the bonds
is prohibited
The opinion of Chancellor Curtis
follows:
The Chancellor. The questions
raised are respecting the validity OF
the election held by the officers of
the town Of Delaware City to decide
by vote of IFS resident tax payers
whether certain bonds should be is
sued 10y the town to raise money for
municipal improvements The CON
test is based on averments that the
votes of certain persons were wrong
ly refused and the vote of one person
wrongly accepted. and further that
wrong assessment list was used as
list Of voters entitled TO vote.
II was assumed by counsel that
this court has jurisdiction of the
cause, and this will not be question
ed, because of the expressed desire
OF counsel for a speedy settlement
Of the questions raised
From this bin it is made clear that
If the votes of any one of the re-
lected voters had been received and
counted, or II the votes OF William
a. Hagan had been rejected and not
counted, the result Of the election
would have been different and
against the loan. instead of I'm favor
OF It. Therefore, il becomes neces.
sary to consider the eligibility of
the voters whose votes we're dis.
puted, unless some general principle
can be adopted controlling all.
Assessment List.
Before disposing of these ques.
tions. it should be determined which
assessment list should have been
used at the election as a list of eli
gible voters. There is no provision
OF law requiring the use of any as.
sessment list for the purpose. Ever,
resident voter of the town had. b,
the charter, a right to cast one vot,
for every dollar. or fractional par
OF dollar. of tax assessed to him
provided he shall have paid al
taxes heretofore levied and assess
ed against him. and produce a re-
ceipt therefor If il be demanded
Quite properly the election officer
adopted an assessment list OF prop
erty and taxables made by the prope
officers Of thettown. pursuant to H
charter, as the basis OF determinin,
prima facie who were qualified. 81
far as the list contained such infor
nation. The election was held ol
June "a, 1913, and the election off
GERS used at the election the lis
made in 1912. rather than that mad
IN 1913. and for proper and suffi
cient reasons. BY the charter. tn
assessor IS elected in April of eacl
year, and Is required to make an,
deliver to the Council on or beforl
the first Tuesday in May his assess
ment Appeals may be taken on tn
third Tuesday in May. and on tn
first Tuesday in June the tax uupli
cate and warrant should be in tn
hands Of the town treasurer who 4
the collector Of taxes. showing tn
AdAduitcs the ldlt dUu the dDlOunl O
taxes levied on each person.
Taxes are payable. then. after the frs
Tuesday in June But the charter doe
not require the collector to sit at speci
fed hours for the purpose of receiving
taxes until the first Tuesday in August
Until that time. then. the voters are no
sure Of an opportunity TO pay the take
assessed against them, Wisely. there
fore. and rightly. the election officers o
the election ON June 24 1918, adopter
the assessment list made in 1912. As
list of voters. hecausc every taNabl
would surely then have an opportunit
10 pay all the taxes assessed agains
him, and. by so doing, qualify himsel
as an elector at the election. for
should be noted that in addition 20 Dein
taxable and resident, he must haN
paid all taxes assessed against him i
order 10 be qualified TO vote in Jun'
1913. II is true. of course, that plc
sumably at the date OF the election
and since the FIRST Tuesday in june
1918. there had been in the hands of tn