Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-01-31
DECISION ON SCHOOL La
The Court in Banc Says TN
the Act Of 1898 Repeats !
Old Statutes.
NO LIMIT UPON EXPENDITURES
Adams InvestmentTaxand Rail-
road Roadbed Cases Con-
tinued Until Next Month
Important Oues-
lions Involved.

The Court In Banc sat Thursday at Couf
Associate Judges lgnatius o. Grub, famed
Pennewill and William H. Boyco beinG1
present.
Although arguments were to be had II
two sets of cases, a postponement va
granted in each. In the case of th2
Equitable Guarantee and Trust Co.. trusteF u
vs. John II. DonAhoe, tax collector, Wild
involves the constitutionality of the AdanA
law for the taxation OF investments, tHI
attorney for the city, county and State wefs}
ready aud anxious for decision before they
adjournment of the Legislature. But neith@N
Willard Salisbury nor Anthony Higgins
representing the plaintiffs, were present
Mr.. Salisbury is confined to his house will
the grip. Henry o, Conrad was present fof
the city, John H. Rodney, for the county,
and Peter l.. Cooper, Jr., for the State.
These three political divisions re Interested
in having the law upheld Ms II involvet|
money which would go into the revenues L
1t Is upheld. -
The court directed a continuance Of the
case until February 18th.
The other set of cases involves the riRhtN
of the city to tax the roadbeds oil railroads,
the city being plaintiff, and the WilminRtopN
+ Northern, Baltimore a. PHILADELPHIA and<
Philadelphia, Wilmington & Baltimcr4
Railroad Cos, being tho defendants{
Robert O. Hurmun, for the city, was ready&
but tile other side was not ready. LesiiO%
Bird, of counsel for the u. u T.. and w. III
| NJ, snid great deal of law was involvedH
and 1t would Ike good while to geus
| ready.
February l6th was set for the opening OF
| the argument. II Is agreed to argue theH
| w. 4 N. case first, ana not to argue the!
| other cases until decision Is granted IN
| that.
SCHOOL VERDICT SUSTAINED.
The court handed down its decision ind
| the case of William Y. Husbands, tax coll
/ lector VS.. Abner p. Talley. which involved
/ a construction of the school laws. -
/ At the November term OF the Superior
| Court, verdict of between $18 and $40 vasy
returned by jury, under the instruction. Of
| the court, subject to decision by the Courtj
| in Banc concerning the validity of sec
ton of the school law of 1861 which limited
to $500 the amount that could be expended,
in any one year for improvements. Up ID
Brandywine hundred. the voters had de-
| cided to expend $1,000 on new huildinR.I
and the refusal Of Talley to pay his share Of
the cost, led to the suit. Taley was repre-\
scented by L.Irving Handy and the collected
and school commissioners were represented
II the provision of IS was still the law J
The school voters had exceeded tneiri
authority and could not force any one ID
pay the assessment.
In the argument before the Court in Band
short time ago, Mr.. Hilles argued that the
provision of 1861 had been repealed BY tho
new school law of 1893, adopted in accorda
aDce with the direction OF the new Consti ;
| tuition.
This view is taken by the Court in BaHcJ
In its decision read today by Judge Grubb{
The court holds that the law Of 1898 was
passed TO provide general system of free
public schools and that IL supersedes and la
a general substitute for all previous legisla J
tion on schools The new law is in effect Il
repeal by implication of all the statutes preI
viously In existence concerning the public
schools, and the present school law is to BID
found in the law of 1888 and acts sincs
pissed.
The effect of the decision, which is a
most Important one, is to leave to the school
voters OF each district, when they assemble
70 hold their annual election, the right TO
de,ide to raise as much money as they
please for school purposes. In other words,
they are not limited by the law.
} II is deemed we'll that this fact should be.
come generally known to the school dis.
tricts throughout the State. in order that u
| any legislation to limit the amount is de-
sired, 1t may be proposed to the present
| General Assembly.
The decision will be certified 20 the
! Superior Court. It upholds the verdict
ngai INST Talley.
Court in Bsnc adjourned until Februar,
|