Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1899-03-02
MUST PAY FERRIS SCHOOL
Superior Court INandamuses
the Levy Court for the
$4,000 Asked. w..
THE LEVY COURT is NOT UPHELD
Constitution Does Not Prohibit
Payment by County for
Commitments to School
by County Court.

Under the decision of the Superior
Court, the Lovy Court of New Castle
county has right to make nppropria-
tions for tho maintenance of boys at
the Ferris Industrial School, This do
cision was made in the case of the
State of Delaware, use of Ferris In
dustriai School, VS.. the Levy Court.
which was an application for writ of
peremptory mandamus compelling the
respondent to make an appropriation
Of 5000 to the school.
Chief Justice Loro read the opinion
of the court. 1t recited that the school
was organized undcr an act of ineori
poration passed ut Dover, March 10th,
1885, and showed what classes of in
mates were authorized by the charter,
including minors committed by legal
authority. The Levy Court was
authorized under tho act to make APP
preparations and did so from time to
time up to the year 1898, the sums
varying from $500 10 $1,000.
In 1895 the Legislature amended the
charter SO as to provide that the Levy
Court appropriate annually $l00 towards
the maintenance and education of each
boy committed to the custody of the
trustees under tho act SO long as he
may remain in said custody. The
managers were required TO certify the
number of boys SO committed and in
their custody on the first of each year
which number was to govern the aggre-
gate amount of the appropriation for
the year, provided the sum did not ex-
coed s., 900 for any one year.
Under this act the school claims that
it is entitled to 5000.
The Levy Court resists payment upon
the grounds first, that the school is a
private corporation; that the appro-
priatiop is expressly prohibited by
section 8 Of article of the new Con-
stitution which is that ''no county,
city, town or other municipality shall
lend its credit or appropriate money to,
or assume the debt of, or become a
shareholder or joint owner in or with
any private corporation or any person
or company whatever; !" and second,
because the amendment to the charter
was made by special act in contra
vention of section ], article 0 of the
constitution which forbids the creation,
amendment, renewal or revival of any
corporation by special act, but does
not apply to municipal corporations,
banks or corporations for charitable,
penal, reformatory or educational pur-
poses sustained in whole or in part by
the State.
Considering the second objection
first, the court held that the institu-
tion is penal, reformatory and educa-
tional in its purposes. 1t may be con-
sidered settled that when the appro-
priation is made by the financial agents
of the county, under and by virtue only,
of authority given by the Legislature,
that it is an appropriation made by the
State through one Of subdivisions.
The amendment of 1898 is hel 30 be
constitutional and valid. ~
Upon the question MS to whether the
school is a private corporation the
court held that the appropriation is
not to the corporation us such, but
| toward the maintenance and education
of each boy committed TO the custody
of the managers by the courts, and
may be considered as nothing more nor
less than a contribution on the part Of
the State toward the maintenance Of
tho said minors III some other place
than the county jail. Such an appro-
priation is so broadly public and i'm
personal in its scope and character as
| to rebuff, if not rebuke, any suggestion
Of private immolument or private in.
terest within the inhibition of the
Constitution, which clearly means that
the county shall not be "a party in OF
| to private enterprises.
The court held it unnecessary for il
to consider and determine whether the
Ferris Industrial School is q public Oh
private corporation.
The case had been argued by j.
Frank Ball and D. j. I,einhart for the
school, and John II. Rodney for the
| Levy Court.