Evening journal., 1900-03-15
LEGISLATORS
GET NO MILEAGE
Request That the Rule be Dis
charged Because of UncOn-
stitutiOnality Granted.
SUIT AGAINST NEW CASTLE

ROAD COMMISSIONERS WANT 81 800
FOR TAX THAT SHOULD HAVE,
UNDER A STATE LAW. BEEN
LEVIED AND COLLECTED.
OTHER COURT BUSINESS.
The jury in the case Of Jacob Knopf
VS. the r., w. & b. Railroad Company
was charged In the Superior Court
yesterday afternoon by Judge Penne-
will and was out about one hour when
IL returned a verdict of $1,000 for the
plaintiff.
In the case Of the Security Trust and
Safe Deposit Company vs.. the Della
ware Loan Association. the argument
by Harry Emmons for the defendant
on the question as TO whether an as
signee Of a shareholder who has given
notice OF transfer OF stock can claim
the same privilege of Withdrawing to
which a stocltholder Is entitled, was
overruled. Mr.. Emmons will file his
exceptions to the decision Of the court
The case of John Doe on the demise
OF John Pritchard VS.. Richard Roe will
be heard in banc.
Harry p. Joslyn was appointed a
commissioner TO take testimony IN the
case Of Mclaughlin vs.. Mclaughlin.
These cases were reported settled:
Charles f. Sparks VS.. John T. MILF
kim Mary Louisa Sparks VS.. John 7.
Millikn. the Osborne Company VS..
Frank A. Mitchell.
The following cases were continued
until the May term Lawless admins
traitor VS. the Pusey and Jones Com
pany. in which new trial will be ask
ed for Bryan vs.. the Wilmington
City Railway Company, Middleton VS.
Middlctcn Bridget Connor VS.. the
Wilmington and Northern Railroad
COMPANY Margaret Aker, executrix, VS..
Ella NJ. Lloyd; Mary r. Primrose VS..
Henry Primrose; Joseph w. Dolan VS..
Mary Ann Dolan.
On motion OF William III. Head this
morning. Walter n. Hayes who repre-
scnts Robert Burns In his claim
against the state for mileage while la
attendance at the last session of the
General Assembly, consented TO the
discharge OF the rule for which Mr..
Hayes recently asked Mr.. Hayes mo
ton was for rule to show cause why
a mandamus should not issue against
State Treasurer l.. Heisler Ball TO pay
the mileage demanded by Representa-
Tive Burns and other assemblymen.
Mr.. Heald In opposing the rule some
time ago fled reasons against the is
suance on the ground that il would be
Unconstitutional.
The matter rested until this morning
/ NTss oh Il
As the matetr now stands, the mem
bers of the General Assembly cannot
secure the mileage which they claim
and which was formerly paid to legis-
llators.
The new Constitution does not pro-
vide for the payment of mileage TO the
legislators, and on this point the state
Il treasurer refused TO honor the claims.
In the case Of Ella Smith VS.. Will
liam Simmons. late sheriff, the court
handed down a decision against the
defendant The question involved was
the proper distribution among credit
ors of the proceeds of a sherin's sale.
The plaintiff viii receive S400 with in-
terest at 20 per cent. for three years,
the percentage being the statutory
lpenalty.
Judge j. Frank Ball for the defend
ant in the case of White Bros VS..
Joseph Bellah. asked that the time for
entering security be extended and that
the attachment be dissolved. Lilburne
4 lChandler opposed the motion. The
4 court stated that it had no power to
enlarge a statute and the day Of alt
iourning of court was time fixed for
lentering security I'm such cases.
Horace G.. Knowles, for the plaintih
in the case Of Baird & Co. VS.. Harper
& Co., obtained leave by consent Of op-
lpcsing counsel TO amend the title Of
the suit.
The motion made by L. Irving
Handy on Saturday last to quash the
writ in the scire facias proceedings Of
Wilson VS.. Furrey's administrator was
dismissed.
Argument was heard in the case Of
the road commissioners Of New Cas-
tie hundred vs.. the Mayor and Council
of New Castle by William S. Hilles for
the plaintiff, and A. B. Cooper for the
defendant In 1898 the Legislature
passed a law compelling the munich
pality of New Castle to give to the
road commissioners of New Castle
hundred an annual sum of $500 by rea-
son of the fact that the city of New
lCastle had extended its boundaries into
the rural part of the hundred. This
tax was imposed on the municipality
in lieu of the ordinary road tax. The
3 city of New Castle has failed to levy
and collect this road tax and to pay it
to the road commissioners. The city
now owes the latter 81 l,SOO. less 500
credit The proceeding is TO compel
the Mayor and Council to levy the tax
and pay IL.
AT l.lO the February term was adj
jOurned.