The sun., 1901-07-23
LEGISLATURE
IS SUSTAINED
Had Right to Abolish State De-
tective Office.
CANNOT TAX R0ADBEDS
Important Decisions Given by the
Court in Banc-0pinions Were
Awaited With Great
Interest.
CANNOT TAX ROADBEDS

| Court in Ranc yesterday morning
handed down opinions in the State de-
tective and the taxation of road bed
cases holding that the Legislature had
the right to abolish the office of State
detective, and that the city had not the
right to tax the road bed of railroads
exempted from taxation.
| Had the decision in the road bed case
been the reverse the amount received
from taxation of the road beds would
nave been about 10000. The decision
| in the detective case knocks out the
claim OF Bernard j. McVey for salary
due him as State detective and sustains
the act of Legislature abolishng the
Office OF State detective.
| All the members Of he court. Chief
Justice Charles, b. Lore and Associate
Judges William G. Spruance, Ignatius
| g. Grubb, James Pennewill ana VIII
liam IL. Boyce We're on the bench. Chief
Justice Lore announced the decision in
the Detective .McVey case in which Me-
Ney sought to have State Treasurer
Burris required to pay him salary as
Seate detective.
After stating the facts in the case the
opinion continued in part as follows:
There is no evidence in this case
that there was any lack of bona fidas
on the part Of the Legislature in pass.
ing these acts. The presumption of law
is in favor of good faith Even if there
was lack Of bona fides on the part Of
the members OF the Legislature, what
right would this court have to pass upon
that subject, if what the Legislature
did was within its power? 1t is no
function of this court to pass upon the
motives Of the Legislature in the dis
charge OF their duty.
1T is well settled that offices created
by the Legislature are entirely within
Legislative control: that the gift of such
an office is not contract. Unless there
be some constitutional limitation, such
offices may he modified. abridged or
abolished. as the Legislature NAV see fit
When an office is abolished. the former
incumbent has no right to compensation
for the uneXpired term. The salary is
an incident of the office and dies with
it. The vital question. therefore, is. had
the Legislature the right to abolish the
office under article is, section 4 of the
constitution
The only limitation as to the term
of office, is that no law shall extend the
term of any public officer. The inherent
mower of the, Legislature to abridge
the term or abolish the office is left nm
touched. There being no constitution
inhibition. the right to create carries
with II the right to abolish: and when 81
abolished there is no office to support
salary. which is q mere incident: there.
fore. that part Of article IL. section 4
of the constitution which prescribes that
no law shall diminish his salary or
emolnments after his election or an
haC nt,n1fn a.,
case. 1t only applies to eases where an
Office continues in existence. and during
such continuance the attempt is made
70 nminish the salary or emoInmcnts
I'VE conclude that the office of the
reator was abolished by the act nr
larch 18th. 1901, and that after that
date he Is not entitled TO receive thu
salary provided for State detective under
snid chapter g. Vol. NXT Laws of
Delaware
The oninion in the case of Tax Col
iector Eugene M. Savers vs.. the VIII
mington & Northern Railroad Company
was read by Associate Judge Bovce. The
decision in effect was as follows:
The opinion of this court therefore.
| is that the act entitled sAn Act Rclating
70 Taxes for County and Muncinal
Purposes" nasscd at Dover. the 31st
'inv of March. A. r.. 1887 being chapter
24l. Vol. XVIII. Laws Of Delaware.
Rev Code 115. remains in force. and
that hv reason thereof the real estate "r
the defendant corporation. included
within the limits Of the rights of way
and road beds Of the main line of tho
railroad and the several sidings and
branches thereof. belonging to and onor-
atcd hv the said defendant corporatior
and located within the territorial limits
IF the assessment and collection district
af the city of Wilmington south of
Sixth street not including any hnillincS
erected in whole or in nart within the
limits Of such rights of way. on ron
beds. is exempt from taxation for mnni.
"inal nnrposcs under the said act ani
hat the plaintiff has not the righ tn
collect from the defendant the amount
If the said tax set forth in the case
stated"
This decision decides also tho cases
against the r., W. & r. and r. & q.
Railroad Companies in favor Of tho com.
Innnies Robert c. Hartman represented
the city and Levi G. Bird. A. T.. sam
born and G. NJ. Curtis the w. & \.