Middletown transcript., 1897-04-17
4 GREAT CASE.

The Gilpin- -HukilI trespass case which was
brought to trial last week before Squire
Ferguson, who, acting upon the advice of
the Attorney General, dismissed the case,
was on Monday carried 10 Summit Bridge
for trial before Squire Salmon, DIR. Gilpin
claiming that he could not get an impair
tial trial in his own bailiwick. 1t was a
very novel proceeding, and has been the
occasion of even more comment that the
first trial. Squire Fergusen's decision was
reversed by Squire Salmon and the case
given to the plaintiff, the defendant being
put under 500 bond, But the end is not
yet. Mr.. Hukill, through his attorney.
Martin B. Burris, has taken an appeal and
the case is now in the Superior Court.
The "sign" however is painted. Mr.. Schrietz
doing the work seated upon scaffold erec-
ted inside the line between the property
which Mr.. Hukill occupies and that of the
Academy trustees.
The subject has been and is very gener-
ally discussed and many queries have been
raised as to the rights and privileges, duties
and obligations of "The Trustees Of the
Middletown Academy"
In response to these and other queries
from the people who want to and have a
right to know, The TRANSCRIPT, after care
full reading of the charter as recorded in
the Laws of Delaware, Vol VI. and other
investigations in various quarters, gives the
following facts.
By an Act of Assembly, passed at Dover
January 81. 1924, lottery scheme was
authorized to raise O sum, not exceeding
six thousand dollars to be expended in
erecting an Academy in Middletown, and
in the following year, Supplement to this
act was passed authorizing four thousand
dollars in addition to the six thousand, to
be raised, making the sum of ten thousand
dollars.Six acres of ground were purchased
from Outten Davis and two acres additional
donated by VIM. 81. Crawford, m aking
eight acres, covering that portion of Mid
dletown now known as West Lake, ,Cass and
West Main streets. After erecting asuitable
building, the charter provides that the
remainder of the money shall be "invested
as fund for the endowment and support
Of said Academy" the explicit object nam
ed in the charter being the establishing and
maintaining of an Academy as a seminary
of useful learning" in the village of Mid
dletown. The people are asking. are the
objects of the charter being met? For the
past twenty years the Academy building
has been rented by the Trustees to the
Board of Education for public school
building. Can it be said they are maintain
ing an Academy" or Seminary. while
the Trustees have given some improvements
in the way of desks and other furnishings,
the schools are by no means well equipped.
And dyet there is growing fund somewhere,
estimated at no less than $50, 900 and posi-
bly, more. Is it being used for "the endown-
ment and support" of an Academy or
Seminary The tax payers are burdened and
yet are unable to furnish such educational
provisions for the youth of the community
as are'needed and required. 1t was clearly not
the intention of those who founded the
Middletown Academy that the fund then
started should lie in idle hands, while the
educa tional interests Of the town are suf-
fering.
1t may be of interest to state that the
lottery scheme was not operated by the
original managers, but was sold for ten
thousand dollars, and the money applied as
designated. The first Board of Trustees was
Richard Mansfield, John Eddows, John
CHM, VIM. 81. Crawford and Arnold Nau-
dain, incorporated in 1926, ''the same to
have perpetual succession" They have
the right to acquire and hold property and
dispose of the same, sue and be sued etc..
and do all corporate acts, but when one
member, without ever consulting the other
members of the Board, and having no
authority from the Board to do so, enters
suit, on his own behalf, is his suit the
Boards suit? 1t has been authoratively
stated that DIR. Gilpin, in entering suit
against Mr.. Hukill, had not consulted the
wishes of the Board, several members
knowing nothing of the matter until the
suit was entered.
The possessions of the Board of Trustees
of the Middletown Academy" consist of
real estate, stocks, bonds and mortgages,
the real estate besides the school buildings
being the'old curved roof house" of recent
as well as ancient fame, the south side ofthe
double dwelling on North Broad Street oc-
cupied by Mrs. Thos. Cochran, and several
lots on East Lake street purchased from
the Fennimore estate. These properties,
being school property, have heretofore
been free from taxation. The most valu-
able lots in the town have been sold from
the Academy property as building sites.
The endowment fund started seventy years
ago, if wisely invested, must have grown to
very handsome proportions, the improve.
ments having been at long intervals and
not very expensive. The back building Of
the Academy, was built in 1855, it is frame
structure. In 1872 the north end was built
of brick, at cost of 81. 700, and four years
ago the frame building for Department no.
now defunct, was built. The present Board
of trustees is as follow John P. Cochran,
President; R. T. Cochran, Henry Davis,
Henry Nowland, Samuel Pennington, ,Thos.
a. Gilpin and Samuel Reynolds. Three of
these men appointed by the President, to-
gether with six commissioners elected by
the people make up the Middletown School