Evening journal., 1902-03-18
COUNTY TO PAY
RAILWAY BILL
WOrkhOuSe Trustees Must
Bear Expense Of TipStaVeS
NOTHING HEARD FROM FAHEY
His Bill Vas Called for But Has Not
Been Received by Clerk
QuigICy

At this mornings session Of Levy
Court. the bin of Patrick Fahey, for
building Seventh street bridge. was call
ed for, but had not been received. 1t will
probably be handed in to the court this
afternoon.
On question concerning assessments,
| Mr.. Conrad gave the following opinion:
while the law gives the Levy Court
full authority to revise and amend as
sessments after the same have beep duly
| laid by the assessors, yet all changes and
reyisions must be made at the time the
assessments are returned TO the Levy
Court, and the assessments being once
! fixed and established they continue out
side OF Wilmington hundred, for the full
term of four years, a general assessment
being made only once in four years.
The only exception to this is the
case OF real estate there being an eX-
press provision that when real estate has
become less productive or profitable, the
owner or pOssessor is allowed to show
that fact and the Levy Court is author
lied 10 lower the assessment in accord
ance with the depreciation shown, ! find
no such provision OF law as regards per
sonal property and 50 am forced TO the
conclusion that an assessment of per
sonal property, as it stands ON the books
of the Levy Court cannot be changed or
revised, but stands and is absolutely con
elusive for a term of four years"
The law is regarded as an unjust one,
as it cOmpels persons who owned stock
at the time of assessment 10 continue to
pay il at least four years, al
though they might have sold the stock in
the meantime. Mr.. Conrad also gave the
following opinion.
"Gentlemen: referring to the bin of the
trustees Of the New Castle county work
| house for S6S.S1, covering the expense Of
conveying prisoners to and from the
workhouse during the late February
term of court, and Of guarding the pris-
oners while in transit and at the Court
1 House, ! would say that in my opinion
! the items Of car fare contained in said
bill, amounting TO sls.61, and represent
! ing the cost of transporting the prisoners
TO and from the workhouse, should be
paid by the Levy Court; but the remain
ing items of the bill, amounting To $52.2O,
covering tue services of tipstaves and
turnkey, should in my opinion be paid by
/ the trustees of the wOrkhouse.
Under the act TO establish the New
! Castle county wOrkhouse, the trustees of
said institution are given full charge and
control of all prisoners committed and
| sentenced 10y any of the courts of New
Castle county, and the duty is clearly put
I upon said trustees to maintain and safely
keep all prisoners committed to their Gus
tody until said prisoners are discharged
by the order OF the proper court; and
further, said trustees are expressly
clothed with all the powers heretofore
vested 10y law in the sheriff of New
Castle county, in the jail commissioners
and in the Levy Court. The said act
further provides that out of the annual
appropriations made 10y tho Levy Court.
the trustees shall provide for the eX-
pense of running the workhouse.
The trustees are also clothed with full
authority to appoint and dismiss all war
dens, keepers and other necessary of
ficers and agents. and fix their term Of
service and compensation, and it IS made
the duties OF the trustees to provide all
necessary things for the safe keeping,
maintenance and bettermellt of the pris-
oners.
"The above provisions Of the act estab-
lish clearly to my mind that the burden
is on the trustees OF the workhouse to
keep and maintain all prisoners commit
ted TO their control from the time of their
commitment to their discharge, and that
the item of expense incident to guarding
the prisoners while going TO and from the
workhouse and while detained temper
ariy at the Court House, must be borne
by the trustees of the worKnouse and not
by the Levy Court.
Il advised your body some weeks ago
that the expense of removing the pris-
0neIs from the county Jail TO the work
house should be borne by the Levy
Court"
Mr.. Ewart offered the following:
Whereas, There appears on the books
Of the receiver of taxes a large amount
Os county and poor taxes outstanding for
years 1899, 1900, 1901, and
Whereas, As the Levy Court of New
Castle county needs the money, said
taxes for current expenses, therefor,
be it
Resolted. That the said receiver Oi
taxes be instructed and directed TO pro
ceed to sell all properties on which de
linquent tax remains unpaid after Apri
Is, 1902.
Mr.. Ewart had Secretary Janvier rea,
letter from George w. Spicer, Jr., OF
Marshallton. concerning the Marshalltor
bridge. He said that he moved his fenc,
in six feet for several hundred feet e
widen the road at the approach 10 thu
bridge, and in return for this concession
NJ. Lynn was 10 build a retaining wal
ON the south side of tae road of sufiicien
height to stop the overflow Of water; bu
this he did not get completed as intend
ed. the wall he built being neither higl
enough nor long enough Mr.. Spicer sal,
? that the cleaning of the bed of the creel
beneath the bridge would allow thu
: stream To take great deal more water
DR.. i. Harvey Day, Of Brandywin'
hundred, was before the court in re