Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-04-11
Attorney General Herbert h. Ward Has
Started the Proceedings.
SUMMONS ISSUED FOR OFFICERS
Commanded to Bring the Books
With Them.
CAUSES COMMENT AT COURT HOUSE

past and county officials and levy court.
men wonder what will be the outcome.
State Detective james T.. Ratledge
had charge OF the issuance of the sum.
MONS which, as is customary, were
made out in ths office of Clerk OF the
Peace Winfield S. Quig!ey. Those
receiving summons include Clerk OF
the Peace Quigley, County Treasurer
aud Receiver OF Taxes Horace q.
Rettew and County Comptroller Georpe
d. Kelley. They are required to appear
before Mr.. Ward at his office on Tues.
day next, April 10th, More than that.
the summons contains the important
phrase "duces tecum," which being
Interpreted, means that the per on sum.
moned must bring his books with him.
The purpose of the ''duces tecuh,"
order as t. SECURE the bringing of the
hooks which relate to the business Of
the Levy Court for the years 1893, 1900
and 1901. Other documents not in
hook form may also be produced From
the books and papers the attorney.
general is to see IL evidence of derelio.
tion OF duty or wrongdoiug can be
secured
The State detective made service on
the several officials Monday, hut IL was
npp Lhtbihl IndI tnur0
talk was hea d on the subject. IL was
the main source Of quiet discussion at
thu Court house.
Lazy Courtnan John G. Armstrong,
who has been IN the court only since the
first OF the year, was seen at the Court
House Tuesday. lie said the first be
heard of the matter was when he
reached the building. Levy Courtman
Isaac s. Elliott was also seen. No sum.
mons had been served upon him or Mr..
Armstrong. it locks, therefore, as il
the members OF the court are not to be
summoned at this time, at least.
II will he recalled that movement
for an investigation of the Levy Court
was started by New Castle County
Grange, Patrons of Husbandry, last
summer, and that it eventually got
before the grand Jury, which suggested
that it should be done by the Legisa.
tule. There the matter ended. A few
weeks ago Republican and Democratic
members of the court combined against
other Republicans and elected bridge.
tenders and constables, which included
come Democrats, and this action, APP
parently, inspired the Republican City
Committee to adopt redhot resolutions
calling for an investigation of the Levy
Court
Whether either OF these movements
or other information that has come to
the attention Of the attorney general
has caused him to probe the Levy
Court. does not appear. 1t remains to
be seen whether the present effort will
bear fruit In an improvement in the
handling Of the important business of
New Castle county.
Inc hearing IN Attorney General
wards Office is to be held at 10
O'Clock next Tuesday morning, and so
far as known will be open to those de-
string 10 attend.
lt is understood that under the sum-
mons, the county books must be left
Just as they were Monday when the
summons was received. No changes
or additions must be made to the 40.
counts OF the court in the clerk of the
neace's Office; no warrants are allowed
to go out of that office, the bills on file
to remain until the hearing. The
county comptroller must make M en-
tries upon bis books. and the county
treasurer must pay out no money for
any purpose whatever. 1t is said that
tnls amounts to tieing up the financial
business OF the county. Instruction
was given the Farmers Bank, the
county's bank, Tuesday, not to cash any
warrants that might come in, but to
Keep record Of those that were
offered.
In addition to those already men
toned, Deputy Clerk of the Peace
George Janyier, Deputy Receiver OF
Taxes Robert M. Burns and Deputy
Comptroller Edward CLARK are sum-
moned to appear. 1t is reported also
mat the present county auditors, l..
scott Townsend and Charles O. Kurtz
are also summoned.
IL is Understood that under the order
al Of the books involved must remain
@ they were at 3 O'Clock Monday
afternoon.
Great public interest is felt in the
coming Investigation Of the Levy Court
ny Attorney General Herbert II. Waid,
VINO has had several Of the county
ninoers subpnnaed TO appear before
MN at his office In the Court Houee
next Tuesday morning at 10 O'Clock.
books and papers relating to the Levy
Uourt are to be Produced at the same
time. 1t is matter for much speouIa-
sion rs to what the possible outcome
VIII be. The fact that the attorney
general desires no additions or altera-
tions to the books as they were at 3
O'Clock Monday afternoon is ominous,
as an indication that the record of the
court and county officers is to be ex-
amined as then made UP.
Mr.. Wards direction as to the books
was not SO stringent as was supposed.
10 speaking en- this subject today ths
attorney general said:
No orders have been given to in
ierfere with the county business. No
directions have been given to interfere
VIVID the cashing OF any legitimate
oounty warrant. The request of the
attorney general to the officers sub
poenaed simply looked to keeping the
DOCKS 10 the same condition SO far as
past entries are concerned and past
ACTS OF the court and county officers"
Ihere has been some discussion as to
tne authority of the attorney general
20 20 mako the investigation. On page
ZoS OF the Revised Code is found the
ioiowing act, under the provisions OF |
wnicn the attorney general has the
power to compel the attendance OF
witnesses:
Section t.-That the attorney
general and any deputy duly consti
tuted by letter of appointment from
SAID attorney general, be and they are |
heIeby authorized to administer oaths |
and af1irmations to witnesses at any
time or in any place, as we'll as in open
sessions OF the courts of the State; |
and shall have power to issue process !
to compel the attendance of witnesses |
at the Office of the attorney general
or at such other place as he may from
time to time designate