Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-03-28

Early arrivals at the Levy Court
room Thursday noticed two additional
desks facing the platform and within
the railing, an INDIGESTION that the old
court was to admit Isaac S. Elliott and
Merritt N. Willis, who were recently
appointed Levy Court Commissioners
by Governor John Hum. Ono of the
additional desks had been used by
Tax Collector John p Donahoe and
the other by Tax Collector Lewis Il.
Dickey, and both by the newspaper
reporters. In order to accommodate
the latter. President Lynn and Mr..
Mealey brought a desk from another
part Of tho building and placed il out
side the railing.
President Lynn and Messrs. Mealey,
Chandler, Megginson and Armstrong
were on hand earlier than the new
members and some of them we're ooou-
pied with placing names in the jury
boxes. William S. Hilles aud Walter
II. Hayes were on the scene and so
were the new members before the
opening of the court. The fact that
all the old commissioners except MIR.
Chandler were away from the room for
time gave an impression that they
were holding conference.
After long conference between
Messrs Lynn, Mealey, Megginson and
Armstrong they returned to the court
room and the court was called to order
about 10 minutes of II O'Clock. After
Clerk Jauyier had read the minutes of
thursdays proceedings, President
Lynn called for the report of the
special committee on tho credentials Of
Messrs. Elliott and Willis. Mr.. Meg
ginson announced that Horace G.
knnplQc fhn Mt 81 10
would read the report.
Mr.. Knowles presented the following /:
An examination of what IS known
as the Seven Commissioner law, passed
at Dover and approved by the governor,
March Ith, 1901, prompts me to submit
the following opinion in reply to Your
inquiry as to whcther the legal status
OF the present Levy Court will in any
way be impaired or affected by the adj
mission to the Levy Court of the two
new appointees of the governor, Messrs.
Isaac o. Elliott and Merritt N. Willis.
The commissions OF the governor to
Messrs. Elliott and Willis were issued
in socordancs with authority and di-
rections given in section 6 of the said
law. The effect of that section is the
establishment and creation of q Seven
Commissioner Levy Court, which is a
RtOfiofou bOlhAiJ lBCUUbiSbBlb WlGn the
Five Commissioner Levy Court law.
and as the act of March 7th, 1901, ex-
pressly repeats all acts or parts of act;
inconsistent with or superseded by the
act OF March 7th, 1901, it must there
fore be that the old or Five Commits
sioner law Of April 2sth, 1891, has been
repealed and thereby the Five Com
missioner Levy Court abolished from
and since the act of March 7th, 1901,
became law.
The new Seven District system doe
not 90 into effect under the provision
of the act Of March eth, 1901, until the
general election of 1904, and as the Five
District law has been abolished, we
ale now to have an intervening Levy
Court composed of seven members, five
OF whom have been appointed by the
Legislature la the act of March 7th,
1901, and two appointed by the gov
ernor These seven members are com.
MISUNDERSTANDING for the county, and
are appointed from and represent no
particular districts.
1T seems therefore that to establish
the legal status OF the Levy Court II
was proper to defer the admission OF
the two members appointed by the
governor, in order that the newly con.
stitnted Levy Court might as a body
establish itself in conformity with the
provision Of the act of March 7th, 1901,
1t seems therefore that as the old
Levy Court has been abolished and a
new Levy Court created, in order that
the Legality of the acts of the Lew
Court may not be impaired or CUES.
TONED 1 am Of the opinion thai the
newly created Levy Court of seven
commissioners should BIZ reorpapized
and that all acts done by the i've CON.
missioners appointed by the Legislature
10 the act OF March 7th, 1901, prior to
their qualification as members of the
newly constituted Levy Court, should
be confirmed and ratified by the new
Levy Court after its organization. .
AT the close of the reading Of Mr..
Knowles opinion, Mr.. Armstrong ad.
dressed the chair. He announced thai
he was not entirely satisfe1 with the
report; that he had been regularly
elected member of the court and was
NOT favorable TO adding new members
and additional expenses. He moved
that the report be deferred unit
afternoon. The motion was seconded
by MIR. Mealey and carried, not Repub
hoan member voting against it.
Following the opinion of its attorney
Horace q. Knowles. the old Lev,
court OF hive members adjourned itseii
Friday afternoon and thes new Levy
Court OF seven members organized
John Lynn was elected president
The reorganization was affected in a
few minutes after the body convened
but was preceded by long conferenc,
OF the members of the old body. Presi
dent Lynn, and Messrs. Chapdler
Megginson, Mealey and Armstrong
They conferred with the attorney II
the county comptroller office. AEout
$40 O'Clock, the five Levy Courtmer
and Mr.. Knowles filed through III,
courtroom and out into the corridor
and few minutes later returned apt
took their seats in the courtroom.
President Lynn called the meeting
to order and Mr.. Megginsun called FOL
the order of the day, namely the con
sideration of the opinion OF Mr.
Knowles, which had been presented II
the morning and made the order for
O'Clock. Then Mr.. Knowles read his
opinion again, which was in effect tina
the act of March 9TH, 1901, abolished
the Levy Court of five members apc
provided for new court of seven n,er,
6ers, including the five of the ole
COURT and two new members Messrs.
Isaac S. Elliott and Merritt N. Willis,
who had been appointed by the Cover
nor.
This opinion read, Mr. Megginsor
offered 1t as the report of the committe,
on the credentials of Messrs Elliot
and Willis. On motion of Mr., Arm
atranU the rarott nas ,oaozAn.l : :.