Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1900-02-08
|etition for a Mandamus
Presented in Court.
} IN THE BURNS TEST CASE
eavoring to Collect the
Sum of $50.
,,rns Case Is TO Serve as Test Case to
b About settlement of the Question
Whether tho state Treasurer Has
lority To Pay the Mileage Allowance
b Members of the Legislature.

kO tud uODil utuE 4uubuuy III tlIo
v Court House, with Chief
Q Charles B. Lore Of this city,
ssociate Judges james Pennewill
bver and William Il. Boyce of
etown ON the bench.
question Of whether a judges
n can be attached is to be
bit up in the matter of a judg-
Becured by the Farmers Bank Of
etown against Former Judge
7. Marvel. The Judgment is for
$1,000. Attachment was laid
bank on money in the hands Of
treasurer L. Heisler Ball, and he
answer Monday as garnishee that
in his hands at the time the at
lent was laid 1915, money due Mr..
ID under the schedule of the
led constitution. Thee judge re-
a pension Of S1,500 q year for
ars from the date of his retire.
in 1897. The bank is represented
hn Biggs, and the State Trea-
by William III. Head.
movement among members and
s of the House of Representatives
last session Of the Legislature to
from the State treasury allow
for mileage became specific Mon
when, at the afternoon session
bperior Court, Walter H. Hayes
hted the petition of Representative
It Nj. Burns of this city, who de-
a mandamus to compel State
urer l.. Heisler Ball to pay him
The Burns case is to serve as a
hse TO bring about settlement Of
question as to whether the State
nrer has authority to pay the
ge allowances. In his petition,
turns related that the House had
resolution appropriating money
ileage, and this money, he said,
bow in the hands of the State
lrer. On February Sd, he had
q demand upon DIR. Ball for the
/, and had been refused. The
granted a rule'on the State Trea.
feturnable on Wednesday, Febru-
|th. William Ii. Heald represents
hrer Ball. 1t will he some time
the case reaches argument.
position of Treasurer Ball in the
is that the new Constitution
es only for q per diem allowance
I or members and of S6 fol presid.
ficers. of the Legislature, and
{ no provision for mileage.
K The members and officers of the
u are interested in the outcome,
The exception of Representative
u ield, Chaplain Turner and Clerk
~, who are residents of Dover.
Etal amount involved is about
the application of Lewis G.
Erift, counsel for the First Ma
Bank, ex-Sheriff Peiroe GoulG
lowed to sign his return In the
Nathan Lieberman, who was Q
ban for p. I. L. Smith, the de
K teller of the First Nationa
Seven years ago, Sheriff Goult
pn Lieberman's property on exc
on judgments entered on hi!
bond, but a stay Of execution
ered by the Chancellor. Insteat
hing his return on the writ
xhever made any return, unit
IN. and then, as so much tim,
psed, Mr.. Vandeerift though
[st way was to get the courts
Jon to have Gould sign the 10
Ibn. This permission was granted
the recent decision of the Su
Court, Mr.. Lieberman is re
5|e for the amount of the bonds
E ith interest, which amounts t,
., 900 more. Final action OF
ments has not yet been taken
purt and attorneys rev viewed th,
48 Court trial list and the follow
k3s were marked for trial b,
jnries: James f. Law less, adj
f4lor, vs., Pussy u Jones Go.
Z EW Hicks va. the Brandywin,
{ M Go; Abraham i. Frantz vs.
Life Insurance Go. Jacol
tTs the p, w. & b. railroad
, Max Hoffman VS.. the vii
. . M City Railway Co. Thomas Nj
= 4 <$fs. w. " N. Railroad Co.
y Medholt vs. W. 4. N. Rail
!, John III. Underwood VS.. re
: ~ the Baltimore Il Ohio Rail
- Herbert M. Hannum vs.
% 4p Il Ohio Railroad Co. Jess
:, 5dm We. Baltimore Il Ohio Rail
v M Lidia j. German VS.. p, W
u road Co. Willie Warren VS.
10 Igh Iron Co. Bridget Whalel
"a & b. Railroad Co. ; Ann
Q. Ray VS.. Diamond State Stee
~
y, dNj1 Springer, commissioner II
~ yQfe case of Wilford L. Smitl
~ JIlalB. Smith, made his return
70 y. eatjtn was not ordered and til
u; Inu6d
or 16xeral Sessions, peniami
no dH{gsho had pleaded guilty /
80, qz3b ced tc 10 days. imprison
wn 6rney General White droppe
10, - against John Sweeney, IN