Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-09-29

In the Superior Court on Tuesday,
the Ferris Industrial School began
suit for writ of mandamus to require
the Levy Court to pay an annual APP
preparation to the school. David J.
Reinhardt presented the petition, which
Is that Of Attorney General White.
The action grows out of the fail
ure of the Levy Court TO make an
appropriation for the institution, John
II. Rodney, the courts attorney,
having held that to do SO would be
unconstitutional.
Following is the text Of the petition;
To the Honorable the Judges of the
Superior Court of the State Of Della
ware, in and for New Castle county:
The petition of Robert G. White,
Attorney General Of the State Of Della
ware, at and by the relation of the
Ferris Industrial School, respectfully
showeth:
/. That the said The Ferris Indus
trial School was duly incorporated
under the laws of the State Of Della
ware by public act passed at Dover
the tenth day of March, A. ID. 1885,
and by certain amendments thereto.
2. That by virtue of said act it was
made the duty of said corporation to
receive and keep in custody all "males
not over sixteen nor under nine
years of age, committed to the
custody of the said Board by the Court
of General Sessions of the Peace and
Jail Delivery for New Castle county,
the Municipal Court for the city OF
Wilmington, or any justice of the
peace in said county upon conviction
of yagrancy, or other criminal offence,
before them, or upon the acquittal of
such minor, If the court, or magis-
trate, upon the testimony, shall con-
slider him proper object for the said
school. And it shall not be in the
discretion of the said board to reject
any such minor committed to their
custody on conviction of criminal
| offence, excepting the offences Of
homicide, arson, or rape. F"
3. That under and by virtue of said
act the said corporation became seized
| and possessed OF certain real estate
situate in the county of New Castle
and State of Delaware aforesaid. And
that the said corporation under and by
the authority vested in it by said act
has for long time hitherto received
into its custody males not over sixteen
| nor under nine years Of age committed
| to it by the said Court Of General SEES
sions of the Peace and Jail Delivery
for New Castle county, the Municipal
Court for the city OF Wilmington, and
| justices of the peace of said county.
] And on the first day Of August A. ID.
1903 had in its custody males SO com
mitted as aforesaid to the number Of
| A. That onsthe twenty eighth day Of
April A. ID. 1898 there was passed by
the General Assembly of the State OF
Delaware an act to amend the net en-
titled An act to incorporate the
Ferris Reform School" as follows, To
wit:
Be it enacted by the Senate and
House Of Representatives of the State
Of Delaware In General Assembly met,
two-thirds Of each branch thereof con
curing:
Section !. That the act entitled an
act to incorporate the Ferris Reform
School, passed at Dover, March 10,
1885, be and the same is hereby
amended by striking out all of section
8 of said act, and inserting in lieu
thereof the following:
"Section 8. The Levy Court of New
Castle county, shall provide and ap.
propriate annually, The sum of one
hundred dollars toward the mainte-
nance and education OF each boy com.
mitted to the custody of the Board Of
Trustees of the said school, under
section 5 Of said act; so long as he
may remain in said custody. This
| provision shall apply TO all those who
are now in the custody Of the sale
trustees, as we'll as to those who here
after may be committed to theii
custody. The said Board OF Managers
shall on or before the first day o.
March Of each year, certify in writing
to the Levy Court the number Of boyi
SO committed and still in their custody
on the first day. of January OF eact
year; which number SO certified shall
govern the aggregate amount Of the
appropriation for that year in ever,
case. Provided the sum SO appro
five thousand dollars for any one year
g. That William A. Scott, John J
Gallagher, Henry M. White, John j
Mealey and John Lynn are members o
and constitute said Levy Court Of New
Castle county.
8. That your petitioner has mad
proper demand upon said Levy Cour
and upon its members for said appro
priation and has been refused the same
That your petitioner has no othe
proper and adequate legal remedy Ii
the premises. Wherefore he prays tina
this Honorable Court issue writ O
this State Of mandamus directed t,
the said Levy Court commanding it Il
pay over to the said Ferris industrial
School the appropriation as provide,
by the act entitled IAN act to amen,
the act entitled An act to incorporat
the Ferris Reform School, - passed a
Dover the twenty-eighth day of Apri
A. d. 1898, of which it has been I'm
Justly and illegally deprived.
When the foregoing petition was pre-
sented the court granted rule return
able on Thursday was issued. Jus
, before the noon recess, however, Judg
Ball and John H. Rodney appeare
before the court, and the latter sal
he could not be ready on Thursday
Judge Ball said that the school needle
!, the money, and although the Lev
Court had made no provision for q
appropriation, yet the school ha
!, anticipated receiving money. f
4 The suit was finally continued o
! Mi, Rodney's application until tn
/ November term.
I 4 Steamship Admiral Sampson Launched
4 4. - ~ n fttt