Smyrna times., 1897-05-26
TOWN COUNCIL.
By a Vote of 4 to 2 the Arrest of II. D.
Boyer was Ordered for MisappIying
Euuds

Funds.
Council met in adjourned meeting
on Friday evening last with President
John H. Hoffecker in the chair and all
members present but A. Lee Cum
minis.
j. G. Robinson made report of his
conference with F. L. Wright about
the action of the Board at the last
meeting in reference to his bond and
said that Mr.. Wright agreed to the ul-
timatum of the Board and would sign
their bond as soon as he could notify
his securities. 1t is the purpose of the
chairman of the Light and Water Com
mittee to have the plant run in direct
accordance with the duties laid down
in the committee report.
When called up, President Hoffecker
related his conference with Attorney
General White of the State of Della
ware. He said he stated the case clear
ly to the States Attorney and received
the answer that it was a misdemeanor
and an Offense against the State. He
advised that the matter be taken first
before a magistrate and from there
through the ordinary process of law to
the Court. Suppose Mr.. Boyer tend
cred the money, does that prevent the
Council from taking action?" asked
Mr.. HOffecker. ''No, it would not re-
lieve his liability to be brought before
magistrate. eff the Council failed
to take action, after he had paid it,
would not they, the commissioners, be
placing themselves a party to the
crime?" said our President. eff Mr..
Boyer paid it." said Attorney Gen
eral White, sit would make the case
better for him, and by receiving it the
Board would not be aiding the case.
1t rested entirely with the Town Coun-
Gil what course they took"
When the President had related his
conference thus far, Councilman Rob-
insOn interrupted by asking ''why (if
the Board was not compromising
itself should it be necessary to prose-
cute Mr.. Boyer?" On the strength of
this, he declared himself "not in favor
of going further with the matter
H. S. Anthony said che was a new
member of the Board, but it seemed
to him they ought to proceed against
him whether he paid the money or
not"
President Hoffecker averred "that
the impression he got was that the
Board might be opening itself to criti-
cism if they didn't take it to a magis-
trate, whether the grand jury would
find a true bill or not. We as a Board
would be doing our duty and relieving
ourselves of any responsibility"
DIR. Moore wanted to know if it
would be dereliction of duty if the
Town Council did not take action and
to inform himself more clearly on the
law in the matter as was found in the
revised code, looked it up. He then
read it emphatically to the Board.
Then arose a lively debate, Robinson
standing out boldly that he did not see
that the law set forth their duty to
prosecute him, now that Boyer had
paid the $500 with interest amicably,
(Which he did that morning) nor neith-
er could he see, from the Presidents
report, that the Attorney General
urged it when he leftit entirely with the
Board. The other members, with the
exception of w. A. FAIRIES who seemed
to agree with Mr.. Robinson, felt re-
sponsibility in the matter which they
considered the law made binding. In
other words they thought they might
be accessories if they allowed Mr..
Boyer to go unpunished.
r. L. Cummins then arose and made
a motion "that President Hoffecker
have a warrent issued for the arrest of
Mr.. H. d. Boyer and have him appear
before a magistrate and give bail for
his appearance at Court, as indicated
by the Attorney General. H. S. Antho-
ny seconded themotionanda after short
debate the question was put with the
following yea and nay vote.
Yea-MOore, Cummins Or. L., An
thOny, Hoffecker.
Nay-Fairies, Robinson.
After appointing Secretary II. S.
Anthony to collect taxes in case of
or the noncompliance of
Collector Wright the Board adjourned.
President John H. Hoffeeker of the
Town Council, pursuant to di-
rectiOns ordered at the meeting last
Friday night, went before Esquire H.
G. Budd Saturday morning and swore
out warrent for the arrest of ex-Coun-
Gilman H. d. Boyer, who is charged
with misapplying 5000 of the Towns
money to his own business on April
Both last, while Secretary of the Coun-
Gil. The defendant waived hearing
and was held by magistrate Budd in
1900 bond for his appearance at Court.
Benjamin A. Hazetl went his bail.