Evening journal., 1901-03-22
REPORT ADMITS
COMMISSIONERS
Final Action Postponed Until
This Afternoon
BODY WILL Be REORCANlZED
Mr.. Knowles, Courts Attorney, Says
Seven Commissioners Bill AbOl-
iSheS Old Levy Court

Messrs. Megglnson. Lynn and Mea-
ley. the special committee Of the Levy
Court appointed to investigate what
effect the seating OF the new commits
sioners, Messrs. Elliott and Willlts.
would have on the legal status OF the
court. submitted report to-day. sug-
gesting the seating OF the new mem
bers and a reorganization of the court,
only by which procedure could the acts
.of the old Levy Court OF five commits
.sioners since March Z. the date the new
measure became law. be legali-ed.
The report was not accepted. Mr.
Armstrong the only Democratic mem
Der OF the body not on the committee.
declared himself as not being satisfied
with the committees finding. Il have
.been elected by my constituents TO this
.ofiice, and am opposed 10 the creation
'of new offices by appointment and the
increasing of expenses. / move that
action on the report be deferred until
3 o'clcck this afternoon" he SAID.
the motion was seconded by Mr..
Mealcy and subsequently adopted. Re
pubicans voting with the Democrats.
MIR. KNOWLES REPORT.
The presentation of the rport when
Mr. Mcgginson said could be made by
Mr.. Knowles. the courts attorney,
came after Messrs Lynn, Megginson.
lMealey, Armstrong and Knowles had
privately conferred for one hour.
lMcssrs Elliott and Willis. accompan-
led by William S. Hilles. their counsel,
occupied seats in the court room and
patiently awaited the dissolution OF
the caucus. This came at II clock,
and Immediately the court was opened
and Mr. Knowles opinion read, as fol-
lows:
IAN examination Of what Is know
as the Seven Commissioners law. pass
ed 40 Dover and approved by the gov
lernor. March z, 1901. prompts me IL
submit tha following opinion in repl,
to yeur inqu ~ as To whether tnt
legal status of tha present Levy COut-
viii in any way be impaired or affected
by the admission TO the Levy Court al
the two new appointecs OF tho COVER,
nor, Messrs. Isaac c. Elliott and Mer.
ritt n Willis.
the cCmmiss,one of the g0verncl
to Messrs. Elliott and Willis wer,
issued in accordance with authority
and direction given IN section OF ths
lsaid law. The effect OF that section /.
the establishment ana creation OF Z
Seven Commissioner Levy Court. which
is provision Totally inconsistent witt
the Five Commissioner L0vy Cur
law and as the act of March T. 1901
expressly repeals all acts or parts oI
acts inconsistent with or superseded
by the act of March T. 1901, II mus
therefore be that the old. ar Five Com.
missioner, law of April 2S, 1891 has beer
repealed, and thereby the Five Com.
missioner Levy Court abolished from
and since the act of March z, 1901, be
came a law.
THE new seven district system doe.
not go into effect under the provision
I, Of the act Of March z. 1901, until IN,
general election Of 1904 and as tho
five district law has been abolished WI
are now 20 have an intervening Lev,
Court composed Of seven members
five of whom have been appointed bi
the Legislature IN the act q March n
1891, and twoappointed by the COVER
nor. These seven members are com
A'Aifs'it -Nlt~AAt ANl Allt NAuMLl anu
lare appointed from and represent nd
particular districts.
1T seems therefore that 10 establish
1.-THE legal status of the Levy Court Il
was proper to defer the admission ol
the two members appointed by the gov
ernor, in order that the newly consti
tuted Levy Court might, as a body, os
ltablsh itself in conformity with tn,
provision of the act of March Z, 1901.
I'll seems. therefore, that as the ole
Levy Court has been abolished and 4
new Levy Court created, in order thai
the legality of the acts Of the LEVY
Court may not be impaired or question.
ed, / am Of the opinion that the new
t ly created Levy Court of seven com.
missioners should be recrganized, ant
that all acts done by the five commits
sicDers appointed by the Legislature
IN the act OF March z. 1901, rri0f ig
their qualification as members of tn,
lnewly-constituted Levy Court. shamt
be confirmed and ratified by The new
Levy Court after its organization.
The understanding is that The Lew
Court will reorganize with Mr. Whit
as president; That TIM old clmmitleel
VIII stand with certain notifications
and that the list Of constables ant
bridgetenders already elected vii
stand.