Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-05-28

AT o'clock p. m, yesterday week John
IL. Rodney, Esq, appeared before the levy
court and read the following petition and
affidavit:
10 the Henorabls, he Tepy Court ~ wv Cast,t
County: Tho petition Of Joseph Stock q, Ber-
nard bonner, Hugh Lynch, Thomas Toy and
John s. Rossell, trust officer of the Security
trust ana safe Deposit Company, admiulslrH-
tor, c. .. A., OF John A. Boera, deceased, fespec-
lively shows TINT John j. Dougherty was only
appointed by the levy court Of New Castle
county collector Of taxes for the city Of VII
mngton for tn years 1889 and 1890. and your
petitioners. with William McMennmin, ,iohn
II. MeClafferty and John A. Beers we're ac-
cepted BY the said levy court MS sureiieA upon
the official bond of said John j. Dongherty;
that there is still due from the said collector
about $4,000 and an amount OF taxes still I'M
collected, though not believed TO be snGlcent
70 meet and liqudate the above Indebtedness.
fonr petitioners further show that they have
good grounds to believe, and do believe, that
Ihey have sustained and will sustain loss by
reas0no OF their suretyship for sald collect n Of
taxes, and us the term for which lie said col.
lleotor was app inted has expired your peh-
Toners pray that he may be restrained from
TURNER e9llcctlon OF taxes committed to i'm
Tor COLLATION., IN accordance with the proyi.
sions Of chapter 3i2, volume 10, Delaware Laws
The purport of the ABOVE is that the pc
htioners fear that their interests as bonds
men on ex-TaX Collector Dougherty's bond
having longer charge OF the balance, about
| So, 600, due on the duplicates of 1880.
MT. Rossell, the last signer, represents
the Security Trust and Safe Deposit Com
pahy, which is administrator for the
Augustus Boer estate, Mr.. lioer deceased,
having been one Of the bondsmen.
me law in the premises is that when
any two or more stireties have apprchen-
slons q the nature referred to they may
on affirmation and petition to the levy
| court nave such redress and protection rs the
law, provides, inclusive Of the court or
such parties as the court appoints taking
charge OF the outstanding duplicates.
There is yet another feature of the case
now under consideration by the levy court.
| II IS that under the new five commissioners
enactment certain parts of which are in
! effect at present. the county treasurer is
| required to have in his possession all
moneys, securities and unsolicited dupl-
Gates, the property Of the county, within
~ days after he has bonded.
Now, County Treasurer Dickev bonded
on May 9Th. On Tuesday last, under tile
new law, 4 was incumbent upon him that
ne nave all the county moneys, the county
vouchers, duplicates or their equivalents,
&c, N his possession, ES-COunty Treas
iirerI Kelley has already paid over to MIR
pflckey ail me balance, amounting TO
about $500, which he happened TO have
on hand This was done last week. BY
the date referred to the two ex-collectors Of
TINS city will have to settle with County
Treasurer Dickey, who is liable to be called
on by the levy court for financial state
lneent at any time on or after May 26th.
Either Mr. Dickey or Comptroller Stats
must make this showing to the levy court
upon their request.
The court was unwilling to take action
on the petition Wednesday. II was sug-
gested by Mr.. Hutchinson that it would
be only fair that Mr.. Dougherty or his at
tprney should be present when action be
taken. Mr.. Rodney conceded with the
sentiment and an appointment for hear
ing on Friday morning last was made.
On the motion of Mr.. ,lolls, the follow.
ing resolution was passed
R.aolpef, That tax OF thirty cents on tho
hundred dollars and 70 pro rata upon tho as
sssfnents o. me real and personal property
and poll OF colored persons is and Is hereby
laid for the support and maintenance Of col
ored schools in this county Tor the ensuing
year.
The following bills were passed
John Levy, Iahitor, Que mont, $50; John
spring. fireman, $50, John 4. Rodgers watch
man, $780, Andrew j. Conner, bridge tender |
tluO Amos A. Eastbnrn, bridge tender, s64 sal |
J9hn thompson, bride tender, $7asi; George
son johnson, bridge tender, Sl6,66; James B.
fucker jan warden, $66.G6; John Dennison, |
Jail warden, sS7.5O; George II. simmons, over.
seer Of tramps, 1871; Z, Z. Sparks. coroner, |
$3.50 John o. Fahoy, coroner's physician, SOD. |
Also bill Of $50 for Henry @. Turner,
ESQ, for professional services in the stl- |
perior court in the case of Mrs. Sarah !
Miles convicted of malpractice
Comptroller Staats was present during
the afternoon lie countersigned the or
ders as correct. Through some informality
in the new printed form Of levy court
drafts upon the county treasurer orders for
the several amounts were not drawn upon
Treasurer Diekey
Court then adjourned to Friday morning.
The main business that occupied the
attention of court on Friday morning was
the consideration Of the application Of the
sureties of eX-Tax Collector John j.
Dougherty for relief.
The action of the court Friday morn
ing, under the advice of Court Attorney
Y. q. bradford, was in effect a recognition
that the proper mode of procedure in the
case is to act under section IA of the new
Five Commissioners bill-that the re-
moyal Of ex-Tax Collector Dougherty in
conformity with the request of the petit
TONERS is not competent as being in line
with the. enactment of 1877, which is
abrogated by the new law.
The petition and affirmation werere-r
by Clerk Eliason on the request of the
attorney of the court, L, G. Bradford,
Esq
Mr. Bradford then arose to address the
court upon the question. He said he I'M
lerstood the application had been made to
The levy court by the petitioners under an
act relating to principals and suretes,
which provides that where there exists
Eases Of apprehension OF financial ditfi-
guilty the sireties may pray the court to
nave the collector removed and some other
suitable person put in his place This is
Under the law of 1877. While the levy
'ourt has power, il is not a mandatory or
s one The language IS The
he court shall be of the opinion y
hall have the power at once to remove"
don't find, Mr.. Bradford continued. in
he act any provision that sit shall be the
luty.n
Had the Five Commissioners bill not
leen passed it would still rest with the
evy court to consider whether they would |
Xercise the, power conferred on them. We !
AVE to take the new enactment olive I
bill) rs we find it,
The act of II influences collectors Of c
ounty taxes of two classes-those whose c
erms have not expired and those whose t
erms have expired. The new bill, it is 1
ound, has reference to any collectors APP d
'Ointed since February, '9f. But it goes c
urther, and says the said offices Of county il
reasurer and county collectors are hereby c
polished" This clearly means that the r
lice OF county tax collector is abolished. Ii
does not exist. This express declaration O
in perfect harmony with what purports Il
> be the general value of the bill. a
Section ii provides: o
That all funds in The hands of the present u
ounty treasurer and treasurer of the poor b
nall be transit rred 10 the county treasurer a
ppointed under this act, within Ave days after h
g snail nave been appointed and shail have a
ualitied, and all balances of taxes as settled q
nd determined by The present levy court. as .
ue from the county collectors shall be paid TO 81
le SAID last mentioned county trea ,urer
ithin ~ days after his appointments Upon h
efault in such transfers or payments the aid ii
Wy court 81 all have full power and authority | =,