Evening journal., 1901-11-06
LEVY COURT
HEARS DON AHOT
Sheriff Mcdaniel Had Legal
Right TO Board Of
Prisoners


Upon Levy Court reconvening yester-
day afternoon Mr.. Elliott presented
the resolution regarding the Adams
tax, providing for the distribution of
the money collected before the law was
decided unconstitutional.
After reading the resolution Mr..
Elliott turned It over TO the clerk who
passed it by request to President Lynn.
Il don't understand that" said Mr..
Lynn. and for his benefit Clerk George
Janvier read the resolution again.
When the question was put by Presi-
dent Lynn, Mr.. Chandler arose and
said. "Mr. President, l am opposed TO
that resolution. There are other peo-
pie In Wilmington who have paid their
taxes and / don't see why these men
are in a hurry to get their money. We
have told them that we would return
their money and they should be glad to
wait until we can give it to ali who
have paid. have in the drawer of my
desk letters containing requests from
persons who have overpaid their
Adams tax and who simply ask for a
return Of the amount overpaid. The
court has the money in hand that was
collected during the first part of the
term and we should wait until we get
it all"
Suppose we lay the matter over for
week?" suggested President Lynn.
AS it was evident that Mr.. Chandler
was at sea as to the purpose Of the reso-
luton offered by Mr.. Elliott, Mr.. Will
Its explained the matter, and after
ward President Lynn replied to Mr..
Willis: 1T seems TO me that it makes
a great difference who submits a resO-
luton.
What do you mean?" asked Mr.
Willis.
why. don't you remember voting
against any disbursement of the fund
until it was all obtained?" inquired the
president.
"No. do not" said Mr.. Willis.
you have a very poor memory,
then. retorted Mr.. Lynn.
Il am only human" quietly replied
Mr. Willis. but 1 cannot see any rea-
son why we cannot disburse the
amount we have in hand"
COLLECTOR DoNAHoE BEFORE COURT
AS John p. Donahoe, one of the
collectors was in court. President Lynn
asked him to explain to the court why
he would not turn the money in his
hands over to the court Taking the
receipts out of his pocket he asked
that the minutes of June 6, 1899, be
read to show that the money paid in
by him was but loan and should be
returned if the Adams law was declared
unconstitutional. The minutes were
Tread but did not bear on Mr.. Donahoe S
statement in the opinion Of Mr.. Chand-
Ter. who said that he did not see any
thing in the minutes that implied a
loan or any phrase that prevented the
collector from turning over the money
to the court
Mr.. Donahoe then permitted each
member 10 examine the receipts he had
received from the court when he paid
over the amount that he would like the
court to return to him.
What could harm you if you turned
your money over to the court for dis
! bursement, providing it would indem-
lnify you?" asked Mr.. Willis.
Il am acting upon the advice of my
counsel and besides the Levy COuI0
cannot be sued" was Mr.. Donahoe'f
reply.
Seven out of every ten persons who
have paid me taxes tell me not to lei
the Levy Court get its hands on it.
have had one suit go against me ant
another man has sued me and now
asks me for Gods sake to let hin
lenter suit against me before l turned
the money over to the Levy Court.
"Then they would rather trust yoJ
than this court?" asked Mr.. Chandler.
81 really could not say that, l an
only repeating their conversation t
me. said Mr.. Donahoe.
After informing the court that thu
money was deposited in the Farmer
Bank in such a manner that his bonds
men would not release it until the cour
had refunded the money he had pai'
in. Mr.. Donahoe asked President Lynn
if he wished him to say any more.
Il think you have said enough" re
/ plied the president, with a smile.
Z Sheriff McDaniels bill for commit
y ting tramps to New Castle Jail, whicl
9 has been held up and investigated by
3 committee. was ordered paid. TIL
a committee reported that so far as
could find. the law of 1898 did not re
e peal the law of 1879 and the sheriff wa
o Ientitled to the money.
Mr.. Willis amended the motion b
moving that the matter be turned owe
to the attorney for the court. Th
: amendment was lost by a vote OF
, 3. Messrs. Chandler. Elliott and Wi
llits voted in favor of IL and Messr
| Lynn, Mealey, Megginson and Arm
strong against it.
II On invitation of Mr.. Armstrong tn
members of the court. accompanied b
Horace Greeley Knowles, will visit an
] inspect mill dams and bridges in S
Il Georges hundred on Monday.
H Repairing N. G. D. ArmorY
4 Many improvements are being ma
y to the Armory, at Twelfth and Oranl