Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-06-04

| Witness fees grand inquest. S2.4
Fees general sessions. .........,... S04. 4
Jury fees, grand and petit..,...... 1887
Road commissioners, New Castle
hundred. .................t.. s7.2
Levy court warrants. ............. S,6l9.4
Superior court jury fees. ......,... 15l. 8
Balance OH hand. ................. 1910
s7,s54.s
Controller Stats appended the fol
lowing to his report.
TO the Honorable, he Lcgy Court Commits
siohers Of Mem Castle GOn1tY: / certify tina
have gone over the books of the receive
Of taxes and county treasurer q. 7
Dickey) and find as per statement abov
that he has received from all sources tn
sum of 81 54.a and that he has paid on
for warrants. jury fees, interest, &c, tn
amount of $7,703.Sl, leaving balance il
bank subject to his order of $l5l.03.
Other bills passed on Tuesday wer,
John r. Hudson 81 Co., oil, &C., $685.
Thomas Mullan, Jr., bridge requisites
| $747.29; George w, Baker & Co., ma
chinery requisites, $440.1s; Odorlesl
Excavating Company, $l740; John +
Mclaughlin, implements, 1926; iai
commissioners, $11.20; jail commits
sioners' orders to April tst, 81 ,106.75.
Controller Staats certified TO all Tho
above bills but the last amount
$1,196.75. This being an expenditure
incurred prior 10 his coming into Office
he refused to countersign it. The bill
| was then on motion passed independ.
ont of his certiication.
Controller Stats has refused to sign
all bills Of that nature.
THE EXTRA SESSION.
One of the members of court was
questioned in regard to the talk of an
extra session of the Legislature in order
to supplement the alleged deficiencies
in the Five Commissioners bill.
"Well," replied that gentleman,
"there might in equity be an argu-
ment that certain clauses of the new
enactment are unconstitutional, and
therefore the need Of Il special session.
"We have to get money somewhere.
AT present we have hardly any. We
will get some next July. But that can
not be applied to defraying old bills.
There is no question about that. 1t
would be illegal to do so. That is where
all the trouble is. There is nothing to
meet our 100000 of outstanding bills.
We could SO on swimmingly if we had
that collectors $4,000.
"Could you not apply that $4,000
coming to you on account of insane
asylum bond 2"
"No-that must be used only for de-
fraying the county's floating debt of
$s5,O00, This was borrowed from the
Union bank during the past few years
The levy court has been borrowing
$4,000 annually in anticipation Of the
approaching years receipts on taxes.
But they did not pay it off. /"
lis there any other point you might
consider that would work in the direc-
ton of demanding an extra legislative
session ?"
"There is no other very great diff
Guilty in view at present as can be found
in the application of the new bill But
there is no knowing what may turn up"
There seems to be an inclination
among several of the members to en-
dorse the idea Of borrowing $4,000 for
the purposes of urgent current ex
penses.
Court adjourned to meet at 3 r m.
At the afternoon session of levy court
Tuesday the following resolution was
offered by Mr. Jolls and passed
WHEREAS, The attorney of this court
has given his opinion that the collectors
appointed to collect the taxes for 1880 have
now no authority by law TO collect and re-
ceipt for the same; and,
WHEREAS, It is of great Importance that
a Judicial decision should be had upon the
above point to the end that the rights and
liabilities of all interested persons may be
finally determined.
Reso'ped, That the attorney of this court
is hereby authorized and requested, either
with or without associate counsel, as he
may determine, to have the above point
presented in case stated to the superior
court Of the State of Delaware in and for
New Castle county now in session, and 10
have the same if practicable, determined
by said court and the court of errors and
appeals during the present month.
The meaning of the above resolution
is that the commissioners are DESTROYS
OF standing upon firmer ground as to
the exact purport and workings of sec
ton 2 of the new Five Commissioners
bill, the idea being that the test case,
which will be brought UP in the superior
court, may have opportunity of reach
ing the highest court, that of errors and
appeals, evoking, if necessary, a demand
upon the governor to call special SEES
sion Of the Legislature for making ex-
planatory and supplementary clauses to
the bill.
Commissioner Grubb's position in re-
gard to the idea of gaining further
judicial opinion is the logical one
that as there is undoubtedly a diff |
ference of opinion among legal minds
rs to the exact rendering of the |
clauses referred it would be useless
,or the levy court and the community |
% listen to a repetition of the court at
opinion, therefore he asked that
he attorney general and William q.
Spruance act with Mr.. Bradford in the
natter. 1t is understood that the last
gentleman will invite the I
other two lawyers accordingly.
The bone of contention, that is to say
he leading one that causes so much
rouble is section which the court at
orney renders in its two clauses as
ralue for the ideas that ''the terms are
and secondly the offices are
polished" Mr.. Bradford claiming that
he second clause is supplementary and
of the first while other law
'ers contend they are independent Of
me another in application of the terms.
A prominent lawyer stated Tuesday
hat the dictum of the court of appeals
$ to the meaning and application of
ny disputed clause in the new bill will
,e sufficient.
II is possible, however, as some claim,
hat the court itself may decide that the
lauses are contradictory. Such deci-
ion would, as q matter of course, indi-
ate tho line that the governor call a
pecial session Of the Legislature to
emcdy the matter.
"Would the rectiflcation of this par
ocular section" representative of
HE GAZETTE asked of Mr.. Jolls,
settle everything in regard tn tbe |