Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-11-07
DON'T LIT LEVY COURT
GET THAT MONEY. y
That's What People Said to
Collector Donahoe.
AND HE TOLD THE LEVY COURT
Discussion Over the Adams
Tax Law Receipts.


All the members Of the Levy Court
attended Tuesday g meeting. An incident
OF the morning session was a JOKE by
PRESIDENT John Lynn. Commissioners
Elliott was reporting npon two bridges
he found the Claymont bridge IN fair
condition, although needing soins
cement He supposed nearby blasting
had caused the cement to fall out, but
was not sure that it had.
Maybe it would he we'll to get the
COMMITTEES OF Fifty on that. What 10
you Think"
Evidently the president Of the Levy
Court has heard of the COMMITTEE of
Fifty. ssg9ik
Growing serious, Mr. Lynn suggested
that Mr.. Elliott could have the neces
aary repairs made,
Mr.. Elliott also reported concerning
the bridge over Burris' Run at Graves
saw mill in Uhristians hundred. 1t is a
wooden structure, badly rotted and the
court may hnd ut expedient to build a
new bridge The atruoture is 27ls feet
long and "a feet wide.
On motion of Mr.. Megginsou, j. II.
Twitchell was appointed constable for
the Ferris Industrial School.
This was the day for the swearing in
and instruoting of assessors. They are
to appear, however, next Tuesday for
those purposes. &
Former Tax Collector John p. Dona-
hoe considerably Jared some of the
members of thu Levy Court Tuesday
afternoon, in the course of colloauy
concerning his intentions with reference
to the Adams tau money which he col.
lected but never raid over to the
county. He was asked why be did not
pay the money to the court, aud he re-
piled: Seven out of ten people say,
For Gods sake don't let the Levy
Court get their hands on that money : -
Mr.. Donahoe was asked by President
Lynn, at the beginning OF the COL
loquy, IL he could make an explanation
concerning the Adams tax matter, and
Mr.. Donahoe replied that he WAS
willing and glad to do so, as the re-
ports that had been published were
calculated to give a wrong impression.
be held in the frat place that when he
and the other local collector, Lewis
Dickey, turned over "a, liz. % to the
Levy Court in june, 1885, it was with
the understanding that IL the law we're
declared unconstitutional the money
should be refunded to them. The
reading of the resolution adopted by
the court at that time showed that the
court proposed to indemnify the col
lectors IN case Of suits and to refund
the money il it should be demanded
and recovered from the eaid collectors.
That resolution showed that total of
nbout $4,000 had been collected, the
county being entitled to one.fourth.
Since paying his part of the 81, I12,
Mr.. Donahoe said an injunction had
been put upon him 30 that ne could
not pay any money out of bis hands
The act also has been declared unoou.
stitutional, land he now holds that the
Levy Court should pay bnck the amount
he first turned over, 30 that he could
refund to the Taxpayers
But the Levy Courtmen hold that as
he was elected by the court, he is re-
sponsible to it and should pay it all the
money the county is entitled TO, so that
10 can distribute to the taxpayers.
When reminued ty President Lynn
that he had been employed by the
court, which expected him TO pay over
the money collected, Mr.. Dopahoe said
he was acting under the advice OF
counsel, and expected to pas the money
back to the people ~
President Lynn continued that be
thought he could speak for the whole
court 10 assuring MIR. Donahoe that the
court would relieve him from all re-
sponsibility to the Taxpayers, should
he return tue money to the court
Horace Greeley Knowles, the courts
attorney, stated that the court could
undoubtedly indemnity the collector
against adverse litipation
Mr.. Donahoe said the taxpayers
seemed to hold him responsible for the
money and added the statement about
their beseeching him not to give the
money to the Levy Court. He remarked
further that 1t had. beon his intention
to turn the money over to the Levy
Court aud let the haggling go on be.
tween the taxpayers and the court;
but about that time, an attorney asked
him not to do so, but to wait until
suit could be brought against hiin,
which was done. ~. 49,
u" Evidently they are moro afraid OF
the Levy Court than of YOU, Mr..
Donahoe,n said Commissioners Willis.
Yt'I don't discuss that," said the
collector sal q % i, -
MIR. Willis reminded Mr.. Donahoo
that his duty was not to tho taxpayers,
but to the Levy Court. Tho collector
went on to say that when the injunction
was put upon him, he entered into n
Joint agreement with his pondsmen and
deposited the money so that neither
can draw it5outi without the other. His
counsel informed him that the court
had no right to the money; that it was
a matter between him and tho people.
why don g you pay the people and
sue the courty'' asked Mr.. Willis.
can't get anything out Of the
court, they say; you can't be sued, -
answered the collector. He suggested
that the court pay him tho amount he
bad previously turned over, and then
for an arrangement to be made whereby
he could sit, say In the courtroom and
pay the !peopls their money back on
presentation of their receipts
President Lynn Informed Mr.. Dcna.
hoe that the court had notified him to
settle and desired to know Lis in.
tentions.
% do not undertake to sottle, " re.
piled Mr.. Donahoe, because Il am in
the bands of my counsel. =
1t Was iinally suggested that a CON
ference hotween Mr.. Donahoe's at
torpey, II. II. Ward, and Attorney
Knowles for the court, might be Sc
cured. ftafsEs
Y, MI. Chandler Said he did not think
It fair and just for residents outside of
Wilmington to have their Adams tax
money refunded. when Wilmington resi-.
dents cannot yet get, their money back
under tho resolution
Mr.. Willis said Mr.. Chandler had
misunderstood tho resolution which
was just precursor to refunding the
AdamA tnX later. Enrthar antinn rrnnII