The sun. (Wilmington, Del.) 1897-19??, 1901-06-17
DETECTIVE McVEY'S SUIT.
Matter Was Argued Before the
Court in Banc.
Decision Was acknowledgement
Was Also Held in Roadbed
Taxation Case.

Argument was heard on Saturday by
the Cour. in Banc ip the SUIT instituted
by Detective Bernard j. McNey against
State Treasurer Burris TO compel him to
pay over to him 500, being his salary rs
State detective for the month of March.
Detective McNey was represented hy
Iohn Biggs. Attorney General Ward and
Deputy Attorney General Richards rep
resented the State treasurer. Dc,ecliNe
McVey held the Office of State detective
drt!cr an act passed by til" Legislature
IN March is, 1898. Al the session of the
Delaware Legislature on March II, 1901
the Office of State detective was ahol-
ished. But on March Is the office was
established by the passage OF an act
ny the same Legislature.
Under article Is, section of the con-
| ,titution the Legislature cannot diminish
the salary or emoluments Of office of any
officer during his term.
| Mr.. Biggs he'd that to abolish is to
| iiminish, for the meaning of diminish is
to make less. This REALTORS salary was
diminished in the most cifcctual way by
| ibolishing the office. Mr.. Bggs argued
| that the act of the Legislature was only
| to diminish. make less and take away the
salary of the rclator and bestow il else
where.
| Deputy Attorney General Richards said
there was no section of the constitution
| that prccluled the Legislature from
| abclishing the office of State detective.
| Nothing is said in the constitution that
| the Legislature shall not abolish the
term of public officer. The constitu-
! zion convention intended and the con-
,titution means that the Legislature is
restricted only as the extension Of pub
| lie office, or the reduction of an officials
pay or emoluments. There is nothing hut
implications that the sa w was dnin-
| ished when the office was aboliShed
Not being public officer and not having
1 vested interest the relator is not on
| titled to any salary after March H. when
the Office of State detective was ahil-
ished.
| torney-General Ward said: "'Thcre
is Il public policy maintaining the pCwer
in the Legislature to abolish an office
where there is no prohibition i'll The
constitution. If by statute law public
office ceases then the salary of the public
officer does not continue. If public
officer dies his salary ceases and il
public o"ice is abolished then the salary
OF the public officer does not continue"
| The court reserved its decision.
| ROADRED TAXATION.
| Argument was also heard by the Court
in Banc in the case of Eugene Saycrs,
assessor and collector for tne Southern
district of Wilmington VS.. the Whining
ton & Northern Railroad Company.
which involves the right of the city to
tax the roadbeds of railroads.
Robert G.. Harman, attorney for the
olaintiff. said Mr.. Sayers had assessed
the roadbed of the Wilmington & North
ern Railroad Company as real estate:
tho company claims that the assessment
was Illegal because of an exception
ause under a special act of 1887 and
he plaintiff holds that law to have been
'cpealed by constitutional provision
hearing upon taxation.
Levi G. Bird, Charles NJ. Curtis and
Andrew Il. Sanborn represented the de-
fcrdants and i'm their brief contcnded
that the roadbed is not subject 10 mus
nicipal taxation, "for the reason that the
roaabed of all railroads within the State
Of Delaware is expressly exempted from
such taxation by the act of March 81,
1897"