The sun., 1901-03-23
NEW MEMBERS
ARE SEATED
The Old Levy Court is Declared
Adjourned.
LYNN AGAIN CHAIRMAN
Acts and Proceedings of Old Court
Confirmed by the New
Body-Mr. Knowles
Opinion.
LYNN AGAIN CHAIRMAN

Commissioners, were seated by the old
commissioners about $40 o'clock yester-
Iay afternoon.
Two additional desks had been placed
within the railing i'll the Levy Court
.oom in the morning. The new men,
Dcrs appeared OH the scene before the
opening of the morning session. Their
attorneys, William s. Hlles and Walter
Il. Hayes, were also present.
| \ lengthy conference was held by
Messrs. Lynn, Mealey, Megginson and
Armstrong. Court was finally called to
order at 11.50 o'clock. Clerk Janvier
cad the minutes Of the previous days
proceedings.
Then President Lynn called for the re-
port Of the special committee on the
credentials of Messrs. Elliott and Willis.
,ir. Megginson stated that Horace G.
knowles, the attorney for the court,
would read the report.
Mr.. Knowles then read the following:
| On examination of what is known as
he Seven Commissioner law, passed at
Dover and approved by the governor,
March 7th, 1901, prompts me to submit
he following opinion in reply to your
inquiry as to whether the legal status
Of the present Levy Court will in any
| way be impaired or affected by the ad-
mission to the Levy Court of the two
new appointees Of the governor, Messrs.
isaac q. Elliott and Merritt n. Willis
The commissions of the governor to
,lcssrs. Elliott and Willis were issued
II accordance with authority and di-
'ections given in section of the said
.aw. Theo effect of that section is the
establishment and creation of a Seven
Commissioner Levy Court, which is a
provision totally inconsistent with the
five Commissioner Levy Court law,
| md as the act of March 7th, 1901, ex-
ressly repeals all acts or parts of acts
Inconsistent with or superseded by the
ict of March 7th, 1901, it must there
ore be that the old or Five Commits
'ioner law Of April 2Sth, 1891, has been
epealed and thereby the Five Com
missioner Levy Court abolished from
ind since the act Of March 7th, 1901, be-
| anne law.
1.-The new Seven District system does
not go into effect under the provision of
he act of March 7th, 1901, until the
General election Of 1904, and as the Five
| District law has been abolished, we
| ire now to have an intervening Levy
court composed of seven members, five
{ whom have been appointed by the
Legislature in the act of March 7th,
901, and two appointed by the gov
rnOr. These seven members are COM
| MISUNDERSTANDING for the county, and
ire appointed from and represent no
| particular districts.
| 1T seems, therefore, that to establish
| The legal status of the Levy Court it
| vas proper to defer the admission of
| he two members appointed by the
GOVERNOR, in order that the newly con-
| tituted 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
| .cvy Court has been abolished and a
iew Levy Court created, in order that
he legality of the acts of the Levy
'ourt may not be impaired or ques-
ioned, l am of the opinion that the
iewly created Levy Court Of seven
commissioners should be recognized
md that all acts done by the FIVE COM
| nissioners appointed by the Legislature
| II the act of March 7th, 1901, prior to
heir qualification as members of the
ewly constituted Levy Court should
" confirmed and ratified by the new
I.evy Court after its organization.
| When Mr.. Knowles had concluded, Mr.
ARMSTRONG announced that he was not
ntirely satisfied with the report; that he
ad been regularly elected member Of
he court and was not favorable to adding
ew members and additional expense.
| Mr.. Armstrong then moved that the
rport he deferred until 3 o'clock in the
1 afternoon.
| Mr.. Mealey seconded the motion and
was carried, not Republican member
;oting against it. The court then took
| recess, presumably till o'clock.
| 1t was nearly $3.50 o'clock, however,
when the court re-convened. The old
members had arrived at the Court House
shortly after 2 o'clock and Mr.. Arm
trong had spent sometime getting ready
,ames for his green jury box. About 3
| ''clOck the old members of the court
held a conference in the comptroller's
'itice. Mr.. Knowles was present. The
conference lasted about half an hour
when all filed through the Levy Court
'oom into the Office of the clerk of the
,eace and shortly returned accompanied
| 'y Clerk Janvier.
President Lynn then called the court
o order. The new court commissioners
nd their counsel, Messrs. Hilles and
Hayes, were present.
Mr.. Megginson said that the report Of
the special committee was to have been
aiken up at o'clock, it was now past
that time and he asked Mr.. Knowles
to read it.
Mr.. Knowles then re-read the report
which he had read at the morning ses-
sion.
Mr.. Armstrong moved that the report
he accepted. His motion was seconded
and adpoted. Mr.. Armstrong then
moved the old Levy Court adjourn. This
motion was also adopted.
President Lynn declared the old court
adjourned but remained at the presi-
dents desk.
Mr.. Knowles then went to the railing
and invited the new members, Messrs.
elliott and Willis to the seats within
he railing which had been prepared for
, them.
Mr.. Mealey moved that Mr.. Lynn be
made temporary chairman. This was
igreed to. Mr.. McgginsOn then moved