Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1900-04-26
Is WILLING TO TAKE LESS
Mayor Boyd Makes a Reduction Of Over
$500 in His Big Bill.
ADVOCATES THE CLAIM
Levy Courts Attorney Opposes
Payment.
LAID OVER UNTIL THE NEXT MEETING

Mayor Evan G. Boyd of New Castle
came down the tree Tuesday, to extent
of $500. 70. on his claim against the
county. His original bill was 50, 402 for
committing 6,005 prisoners to New
Castle jail in year. Before sreciai
session of the Levy Court, Tuesday,
Alexander b. Cooper, attorney for
Mayor Boyd, presented new bill COM
pising the following:
New Castle County: To Evan q.
Boyd: To fees under the acts of Assent
bly, for the Suppression of Vagrancy
and Concerning Tramrs. for the year
1899, as follows, to wit:
COOS commitments at Is cents,..,..S 900.75
Entering judgments for same at 10c 600.50
81. sol. .25
In the course of the session, John II.
Rodney, attorney for the court, made
the assertion that not one-foulth of the
commitments were proper.
The special session was called for
the one purpose Of considering Mayor
Boyd's bill. and in the absence of
President William A. Scott, Henry Nj.
White presided. Commissioners John
Ds meaieys uoiu lybH hpd ooln -
Gallagher we're present Sheriff John
L. Taylor, Walter Il. Hayes and Clerk
of the Peace Jefferson b. Foard were
listeners. Mayor Boyd accompanied his
counsel. Mr.. Cooper.
Mr.. Cooper presented the case for his
client, whose bill has been frequently
referred to by The Gazette THIS
payer has also presented the law in the
matter. Mr.. Cooper devoted tho most
of his time in considering the law. He
said that the act of 1861 provides that
vagrants can be committed On oath or
affirmation OF any officer in a town, and
the act of 1879 provides that tramps
shall be put to work in the Jail at
breaking stone. He held that Mayor
Boyd had acted under these statutes.
lie said, however, that Mayor Boyd
admitted that he had not made out
| the aftidavits for all the COOS men COM
mitted, and therefore could not collect
| the Is cents fee in each case for them.
He drops that Fart of his bill. matter
of $500. 75. Mr.. Cooper presented the new
bill, charging 15 cents each for commit
ments, and 10 cents for entering iudg-
ment in each of the 6,G05 oases-a total
OF s1,501.25. In passing, it may be OBJ
served that this new total is about $500
less than the total of 50, COS. 90 received
| by Mayor Boyd for commitments in the
year ending January Sd, 1899.
| In continuing his speech, Mr., Cooper
said he did not want the action before
the court to no justification of the
law, which was outrageous, and Ought
| to be wiped of the hooks. Yet he held
that was no excuse not TO pay Mayor
Boyd. The court had paid other bills
and was bound to pay this.
The court had already adiudged this
matter of the Legality of the commit
ments because they had allowed and
paid the sheritf's bill, and the whole
duty under the act was 10 assist the
other officers in carrying out the law in
the performance of their duty.
The courts attorney, Mr.. Rodney, in
discussing the bill, said that the law
gave the prisoners committed right
to trial, yot they had always been
discharged in few days without hav-
ing trial. He held that not one-fourth
of the commitments showed the prison
ers to have been properly committed.
Replying to Mr.. Cooper's statement
that the law was bad, he said if it was
had, it should be construed strictly, as
ii was the custom Of court to do.
He maintained that the commitments
should be brought to the Levy Court
and examined by it. Sheriff Taylor
said he had the commitments and the
court directed that they be brought
over.
The court did not enter into any dis.
cussion of the bill. On motion of Mr..
Gallagher, who suggested it might he
we'll to have the whole court present,
further consideration OF the bill was
1 postponed until the regular meeting oi
the Levy Court, which will be next
Tuesday.