Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1922-03-04
ALFRED |. DU POINT
TAX SUIT ARGUED IN
PHILADELPHIA
Effort to Restrain Government
From Collecting ST.
576,O16.
CLAIMS HE DOESN'T OWE IT

- Philadelphia. March S.-Judge John
Whitaker Thompson. in the United
states Court. here. today took up the
ease of Alfred /. du Pont against
Harry Il. Graham. individually and as
United States Collector OF internal
Revenue for the District OF
Delaware. contesiing tho right of tho
Federal government 10 collect certain
income taxes ON the stock of the du
i'ont Powder co. The amount OF tax
- involved H. Sl.556.O16.
Attorneys William \. ola sgow and
Henry l.. Brown Of Philadelphia and
Robert Pennington OF Wilmington
4, presented the complainant. and
Tinted States District Attorney James
n. Hughes. il. and Chester A. Gwinn
ol the Internal Revenue Department
appeared for tho defendant. Others
present Included Collector Graham and
Harry G. Mahafv. clerk OF the United
states District Court foe Delaware.
Court opened az ll.l5 o'clock. when
Attorney Glasgow proposed that ST.
nultancous arguments hc Leard on q
motion FOR preliminary injunction
restraining Collector Graham and oI
q motion TO dismiss the hill ot com
llaint. District Attorney Hughes oh
1ectcd insisting that argument Ice frs
heard on the motion 90 dismiss. Mr.
hughes held that IL tho motion 10 dis
MISS were granted the motion for .
preliminary Injunction would auto
matlcally fall Mr.. Glasgow at H..
O'Clock Withdrew the proposal for 81
raitanCous argument and District Al
tcrncy Hughes began arguing on th'
motion % dismiss
Printed Vopics III Alfred l. du Points
tl of complaint and affidavit were
handed 90 Judge Thompson and tn,
attorneys. also typewritten copies @
,nunscls briefs. The hill OF complain
ilcd 20 PAGES and the affidavit 30
Tho brief also WAS voluminous
District Attorney Hughes ARGUED
that the statements IN tho bIl ~
complaint were fanacioUs.
Mr.. Hughes stated that the com
p,ainaut does not say positively tina
ne flcd return. hut says he believe
No nlcd return. lie argucd that Nh
du Points remedy was IN court ant
that ho should have paid the taxes AM
requested a refund. Mr.. hughes roa'
SECTIONS \ and To Of the III. 81 com
llaint and claimed the complainant
old mot SAY therein he had filed "a re
iaru.
Taking up section II Of the hill q
complaint Nh Hughes declared ]
was fAllaVious i'm import and conclu
sion. a., claimed section Il OF the hi
of complaint was prcdicated n IN
Ming.
iie claimed that Sec. - 81 the bi
Of complaint was prcdicated on III
uhng ot statement. but Contende
that Nj. du Point had not 80 sworl
Mir Hughes announced that the gov
srnmont would not be barred from co
iccung taxes because 81 the concea
mont or taNes. Attorney Glasgow IL
tcrruptod. telling Mr. Hughes To pJ
IN the case anything ne wanted to
his own way.
MI Hughes continued TO CONNER
ou other sections q the bill Of con
plant aud' towards the close of q
morning session Mr. Glasgow was pc
ulttcd To make an explanation. J.
said the bill charges that the pOwd'
STOCK did not exceed $50 per shar
lio referred 10 a suit ia the CirCu
court and Claims and stated that VIII
come 81 the New Jersey stock was so
for 595 and some OF the Delaware sto'
for SSf7 80 this stock was not sold
considerable value.