Delaware gazette and state journal., 1896-01-23

u
Downs appealed from them on the same
day, but that he did not have said
appeals entered on the prothonotary's &
record on or before the first day OF the
| November term lie did, however, go
before Justice Kelley and say he desired
to take other appeals, which he did.
According 10 Downs answer Justice
Kelley had failed to give a transcript
OF his record in time for filing before
the opening Of court.
The first appeals had not been on.
tered on the court records, and the
court struck of the second appeals.
The appeals that came before the
court were stricken of. The judgment
remains as recovered before the magis-
trAte and execution can be made.
The case of the city VS.. Thomas Gray
upon which depend many milk cases,
was argued Gray is milkman who
refused TO pay the licanse Of $40 re-
| quired bya city ordinance. BY special
agreement Of George A. Elliott. for the
| city, and Messrs. Ward and Lyman for
the milkmen, no proceedings are to be
\ taken In the other milk cases until this
one Is determined
The question is whether the law to
| provide against the adulteration of
milk and cream and to provide for the
Inspection of the same, carries with ii
| the power to exact license.
The argument had not been concluded
when court took a recess until 9. 30
O'Clock.
Tho court at its closing session on
| Saturday rendered decision In the case
of Thomas Gray, the defendant below,
ys. the Mayor and Council of Whining
ton, the plaintiff below. The court
decides that City Council has no power
to require milkmen to pay license. The
| question involved was on the construc-
| tion placed upon section 81 OF the city
charter, which Gays; The Council
may also pass ordinances n
10 provide against the adulteration OF
milk and cream sold or brought to be
sold in the said city, and to provide for
the proper inspection Of the same. :"
| Messrs. Ward and Lyman, for Gray, took
the ground that there was no express
| power given Council to license. Messrs.
/ Elliott and Harman for the city, agreed
| that there was no express power but
argued that the city had the power by
| Implication.
In the opinion Of the court as an.
nounced by Chief Justice Lore the
charter confines the power OF Council
TO provide against the aduteration and
| to provide for the proper inspection. 1t
has not been shown that the right to
require Incense is necessarily part Of
| tho power. The court could not see
that the power could ho implied. Ref
erence was also made to the ordinance
| IN that it discriminates between those
who sell 20 quarts OF milk and those
Ltt. A..
whereas under the city charter the
Council cannot discriminate.
The court reversed both of the judg-
ments of the municipal court against
Gray.
After adjournment of court Chief
Justice Lore remarked to ey-City
Solicitor Elliott who was of counsel for
/ the city; You made a good argument
but the law and the facts were against
| you.
City Solicitor IIarman was seen by
reporter Of Tho Gazette after tho
decision OF the court had been an
nounced Mr.. Harman stated that the
city would be bound to return the fees
taken from milk dealers where they
had been forced to pay--as, for in
stance. those who had been arrested
and paid their license after being
brought before the municipal court
but in his opinion the city is not bound
to refund the fees which were paid
voluntarily. 1t, was his belief, how
ever, that all moneys paid by milk
dealers for license would be refunded
through some regular proceeding.
Secretary ColQuhoun Of the Board of
Health, who received the licenses, was
also seen. He stated that he did not
know Just what would be done, but he
presumed the Board of Health would
take some action at the meeting next
Tuesday night
A member Of the board was also in
the dark. In his opinion Council will
have to take action whereby the
fees can be refunded. He stated, how
ever, that he thought the Legislature
would be asked at its next session to
so amend the law as to provide for
licensing milk dealers in the city.
The decision does not affect the milk
Inspector He will continue to inspect
the milk and cream and will be paid
aa all other city FStlcers. as heretofore.
. In the case of Melchoir VS.. Il. 4.
Hanf at the session, application of Mr..
H!lles 70 quash the writ by reason of
insutiiciency ofs statement in the do
| fendant's name, 1t being l.. Il. IIanf,
instead Of Emil Edwin Hanf. WAS not
/ granted Tho costa Of the application
70 quash were put upon tho petitioner,
| llRnf.
In the case Of the Tubular Wiro and
Stud Co. vs, the Delaware Hard Fibre
Co., Christopher l.. Ward had appied
for Judgment for want nf sufficient
affidavit of defence. MIR. Hilles in the
affidavit had entitled tho suit the Tubu-
lar Wirc and Steel Co instead nf the
Tubular Wire and Stud CO. Tho court,
however, held that the affidavit was
sufficient
After Chief Justice Lore had thanked
tho lawyers present for attending. he
directed the crier to adjourn court
without day
Death of Cardinal AIeignan.
Tours, France, Jan. 20-Cardinal
Guillaume Rene Meignan, archbishop
of Tours, was found dead in bed this
morning. He was born in 1917 and
created cardinal in 1888 OF recent
years he distinguished himself in his
attitude toward the Republic by fol-
lowing tho cunciliat ory policy Of Pope
Leo Kill lie was the author Of a
number Of religious and historical
works and was decorated with tho
cross of the Legion Of Honor il 1891.
lie was vicar general Of Paris in 1863
and became archbishop of Tours in
1854.
| Companions IN Death.
John Bailey and his wife, aged 80
| and S6 years, respectively, died on