The sun. (Wilmington, Del.) 1897-19??, 1901-05-30
M'VEY WANTS
HIS SALARY
Will Have Matter Taken up by
Court in Banc.
AGREEMENT ENTERED INTO
McVey's Attorney John Biggs and
Attorney General Ward Will Ac-
eept Decision of Court as
Final in the Matter.

Detective Bernard j. McNey through
his attorney, John Biggs, will today in
stitute proceedings in the Superior
Court against State Treasurer Martin
b. Burris, who has been withholding his
salary as State detective.
The proceedings will be in the nature
of an application for writ of manda-
mus. Mr.. Riggs will ask that the matter
he heard by Court in Banc.
Mr.. Biggs gave notice in court yes
terday afternoon that the application
would be made today and stated that
Attorney-G General Ward and himself had
agreed to accept as final the decision of
the Court in Banc.
Detective McNey, in his application,
declares that he was appointed under the
net Of 1S9S This act was repealed at the
last Legislature and a new act passed
under which one defective was appoint
ed. He states that he has continued will
ing TO perform his duties as State detee-
tive and rendered his services to the
proper authorities. He made Il demand
on the State treasurer for his monthly
salary of 800 due April 1. The State
treasurer refused his demand ON account
of the two ao ts passed by the last Logi
latnre.
Article IL of the Constitution is referr-
cd to which states that no law shall ey-
tend the term of any public officer or
deminish his salary or emolnments after
election j.
A demurrer in the case of the Whining
ton & Northern Railroad Company VS..
w. r. Clerk was argued yesterday after
noon Levi G. Bird and G. NJ Curtis for
the plaintiff and Benjamin Nields for
the defendant. The demurrer was srs-
tanned.
The special jury cases were calendared
yesterday afternoon. The following cases
We're set for trial on Wednesday. June 5:
AIilie Warren. administrator of Nathan
inl Parke VS.. Mccullough Iron Company;
Frederick Strattner. an infant VS.. The
Wilmington City Electric Co. Sarah III.
Strattner VS.. Wilmington City Electric
Co.
These cases were set for trial Thurs
day. June 6: John M. Harper & Co. vs.
Tadman & Hickman: Vira f. Leonard
VS.. r.. w. & b. r. r. Co.
r.. Harvey WFhiteman and Chas. b.
Evans asked that the case of Giuseppe
Giordano VS.. Rrandywine Granite Com
pany. which had been marked continued,
be tried at this term. Peter r. Cooper.
". is seriously i'll and nj the time the
trial list was gone over was too ilf to he
seen and members of the har had all his
rnSes continued. Since then he has inn
proved some and was able TO hold Il few
minutes conversation with some mem
her Of the. bar and stated that this caSe
must positively be tried nj this term ms
the plaintiff would sustain injury if not
done.
Council on the other side, james w.
Ponder refused to agree To the entry
heing changed in this ease. The court
stated that the case could not he tried
unless counsel on both sides agreed to
it.
In General Sessions Court Colonel Ben
iamin Niplds objected to the return of
commissioners for q new road in Mill
Creek hundred on the grounds that the
map submitted did not show cleared land
md woodland. the court set aside the
"etum, On application of i. Irving
Handy. Il new commission was named.
The commission comprises Alexander
Guthrie r. Lewis Armstrong, j. wilkins
Cloud. Mr.. Nields said he had heen
connected with the fight against the road
all his life.
The following commission to report
upon n proposed change in thr "Creek
road" in White CLAY Greek hundred was
nnnointed. Ehen r. Frazier John Nj.
Hopkins. William TT. Steele. George G,
Kerr and John r. Lewis.