The sun., 1901-11-20
FREE SCHOOLS ARE EXEMPT
Continued From First Page).

81 which provides THAT all real and per-
sonal property used for school purposes, |
VI here the tuition is free, shall he ex-
,-mpt from taxation Therefore it is /
clear that all free school property is cx-
empt. but, it must be made clear that
the property is actually used for school
purposes. Il
THE Levy Court can so construe the
clIn school purposes to include all prop !,
'rty used indirectly tsuch as residences I
or teachers, lots for prospective build
ngs Or property from which the school
derives ncomel or directly tsuch as the
,uildings actually used for schools as
t may deem proper.
There is undoubtedly a very general
endency toward IL bread and liberal con
truction Of statutory law in eases where
educational privileges and opportunities
ife at stake.
In the matter OF the city market house |
am informed that the building belongs |
% Il private corporation, which leases
he ground from the municipality. and
hat until the year 1899 the building was
assessed to the market house owners.
Since then the property has been as
;essed to the Mayor and Council, with
he very evident purpose of eyading the
payment of taxes to the county and per-
haps to the city.
AS | can find nowhere in the law amy
PROVISION exempting city property from
! 'onnty taxation | would advise III the
| 'aSr nf the market house that the city
~ made to pay the taxes on the prop
'ry. ls it is a fact that the city does not
'wm the property, and is only used to
| irl'rrc the county of taxes justly due
/ v. 1t is to be regretted that the city
atlicials have permitted the use of the
lame Of the city for such q fraudulent
! purpose"
MIR. Knowles then went over list of
| properties that had been submitted for
iis consideration and stated his opinion
is follows Coming under exemption law:
st. Peters r. &. School, st. Joseph's
school fnr Colored Orphans, property as
| esSed to the trustees Of ST. Mary's Il.
10. Church. occupied by the teachers Of
ST. Mary's Paroehial School as Il resi-
l5lrnce, property No. 1411 French street,
assessed 10 the trustees of st. patriek's $
4. G. Church. occupied by the teachers
# St Patrick's Parochal School MS il
cSidenct.: not coming under exemption
aw: lirsuline Academy. vacant lot as
,rssrd to III. ST. Vincent Dcraul Society.
|
md Monroe streets assessed to the trliS-
,eae nf the Church Of the Sacred Heart.
on motion Of Mr.. Willitts the iepnrt
vns referred IA n committees comprising
NLpSSrS Chandler, Mpaley and Willitts.
In the event OF the adoption of the
rport William Michael Byrne. repre-
cnting some Of the property holders,
may contest the decision Of the court
. particularly iii the ease Of the trsuline
. Academy, and make Il fight on the qieS-
inn IN superior Court.
Relative to the Adams tax money
Attorney Knowles reported that he had
i hnd il conference with Ill. III. Ward
/ tttorneS for John T. Donahor md
. LcwiS liekry, former collectors, i'll whicl
Nlr. Ward informed him that il til,
nurt would indemnify the collectors
against any loss that might result from /:
/ disbursement nf the money, they vii
!, make the settlement which has been ask
Al for. This proposition appeared t,
meet with favor, and it WAS deyidei, 81
MIR. Knowles suggestion to execute nj
: inlemnifying bond with surety com
J itiily and renor, ut the next meeting.
The intention Of the court is TO dis
4 hursr the money, in the event of tn
plans being successful. returning ii t,
hose who paid ii. Notice Of the court
cadineSS 10 make the disbursement viii
b. published after the arrangements ar
ma,le. The total amount received froll
u MrsSrs. Donahne and Dckey is $5.s24. 4.
aS follows From Dickey. $3.50. 80 on on
i ccaSion and sl.lS047 on another fror
!, llonahne, $l,146.56 on one occasion an
s2.93l.71 an another The first pay
mentS represented AL the Adams Ia
money collected up to the time it VIA
, turned over, including the county, cit
and State shares; the second was onl
= the connty'S share.
\ Mr. Knowles letter TO Attornry-ticn
i, rra Ward, who represents the collectors
4 follows:
!. Iierhrrt II. Ward. Esq. Attorney fo
i lnll L. ponahoc and Lewis Dckey
Wilmington. del. Dear Sir Referrn
to our recent conversation in regard t
: the delinquency If John +. Donahoe an
Lewis Dickny for their collections d
taxes III Wilmington hundred, | am d
rret,d ly thu Levy Court % devise som
!. plan hy which your clients will he ils
!. tilted in paying over to the county til
I, money collected by them under iii
i .Adans tax law. With that end IN vie,
! submit 10 yol the following proposition
I. That upon your clientS agreeing to an
!, stnaiiug ready 10 pay over 10 the cout
y ty the total amount of faxes culecte
!, by them and NOW iii their hunds an
. Keeping, the Levy Court will give il
=. liudcmnifSing bond. the same to be gllal
4, lntred either by local trust coinlail
=, ~ some acceptable surety company. I
!, save your clients and their surttt
. against any and all loss or damages i
!. amy manner whatever growing out I
i claims or demands made by amy prrso
" persons or corporations for taxes pai
by them 10 either Of your clients.
Very truly yours,
Horace G; Knowles,
! Attorney for i.eyy Caur
]. On the recommendation Of the con
Il intter On bridges, and on Mr.. Mrs
in yinsune motion, painting contracts wet
B. nv arded as follows: Washington sire,
bridge, $500: Market street bridge ov,
Tie Brandywine and Eleventh stree
bridge, 5000 cach. 10 4. $. Truitt, Ioh
Thompson and j. W. Foster; Mark,
ot and Third street bridges over the Chri
5 tiana, s295 each, keenan x Bro.
e Mr.. Elliott reported that the briig
4 over lnrris' Run is in Il dangerous COZ
gf litien and he was authorized 10 get bid
~ new bridge hy next Tuesday
u Sheriff McDanirl's bill for the qua
y Ter ending September 30. s4,SS2.37. wa
y allowed. Th. hill WAS approved il
Comptroller Kelley and contained ii
y charges for commitments Of vagrantS.
to On Mr.. Willitts' motion the court n,
q jornnra until the first Tuesday in y,
Pemhcr.
nj