Smyrna times., 1897-09-22

1AE punSnng legislation OF the last
session Of the Legislature is continually
coming forward. As appears from ed
itOrial reference of the Inder on our
first page, the time of the meeting of
the Kent Court was changed without
the seeming knowledge OF the legisla-
tors themselves, and certainly without
the knowledge of the Judges and the
officers of the court, as the usual writs
were issued for the third Monday be-
fore it was known that the law had
been changed to the fourth Monday
discovered after the laws had been
published) and so new ones had be
issued.
Now the Middletown Transcript
notes in the political legislation in
tended for New Castle county, to APP
point collectors to supersede Horace G..
Rettew, who had been elected Receiver
of Taxes, that the bill as it finally
passed was engineered by Dickey and
President Scott of the Levy Court, and
Secretary Hughes attests that it came
out of the enrolment Clerks room al
tered in at least two important partic-
ulars. We quote from our cOtempo-
rary:
Near the end of the dOctored act they
recalled their purpose again, for in
Section 36, which deals with the salar-
les of these collectors, they were care
full to say poll tax collector" and not
collectors" as it appears in the act as
passed both houses. The object OF
this change is hardly clear. unless it is
attributed to factiOnal differences. AT
the time of the passage of this act il
was understood at Dover that the anti
Salisbury members of the legislature
refused to agree to the ''steal' unless
Senator John Pyle should be permit
ted to name several of the collectors
and at least one in Wilmington, This
agreement was made and kept. 1t ap-
pears, however, that the managers OF
the bill when they got it into the room
of the enrolling clerk undertook to
cheat Senator Pyle out of his Whining
ton appointee by providing that only
one man should be named in that city.
1t is also evident that this fraud was
discovered at once by those Democrats
that were opposed to the bill, for the
Levy Court on the following Monday,
in the face of the terms of the statute,
appointed two collectors for Whining
ton, naming John p. DOnOhOe, for the
/ Pyle faction.
The second ''errOr" is found in Sec
tion 36 which provides as to how these
collectors shall be paid. The section as
1t passed both branches provided that
| the salaries of the several collectors
/ should 'be fixed and determined by the
Levy Court Commissioners at least five
days prior to the Appointment of such
| collector" etc. This act was passed on
Saturday, May 90, the last day of the
session. Section of the same act, and
this provision was not changed by the
| enrolling clerk, provided that these
collectors should be appointed ''during
| the month of May in the year 1897
conspirators. The Levy Court was
compelled to appoint the collectors dur.
ing May, of which month only one day
was left, the Monday following; but
| they were also to fix the salaries al
| leaSI HVe uayS prior TO Jnat appoint
ment. The cOnspirators found that
their act would fail them in the end
and thus they resOrted to the fraud oi
changinga legislative enactment. They
| struck out the phrase eat least five DAYS
prior to the appointment of such col
lectOrs;" and on the following Monday
the Levy Court met, fixed the saleriei
and appointed the collectors.
What is going to be done about it
It is clear that the collectors Of taxes
do not hold their offices legally. 1t il
clear that it was impossible for the
Levy Court to put into effect the ac
as it passed therefore that which they
have done is illegal, and void. 1t is al
matter for immediate investigation
In the meantime no taxable SHOULD
pay one cent to these alleged collec
tors.