Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1902-08-07
TERMS OF LEVY COURTMEN
DO Those of Messrs. Elliott and
Willis Run With Those
of Their Associates 2
AN ALLEGED CONFLICT
WITH THE CONSTITUTION
Which Is Not Discovered by
Examination.
The Seven Commissioners Act Gave tho
Governor Authority to Appoint, and
Fixed the Terms to Continue Until 1904
The Position of Levy Courtman Ewart

There has been some discussion
among politicians as to whether Mer-
ritt N. Willis and Isaac O. Elliott
hold over as levy courtmen, or whether
an election must be held in November
to name their successors. A story has
it that the Democrats may nominate
men in the districts represented by
Messrs. Elliott and Willis, and II that
be true 1t would behoove those men to
find out whether it will be necessary
for them to make campaign. Some
hint has been made against the con-
stitutionality Of the Seven Commis-
sioners act, passed by the last Legis-
lature, but in what way it is faulty is
not disclosed.
An examination Of the Constitution
and the act on general grounds does
not bring forth any light to sustain
such an allegation. The act provides
for seven districts, instead Of five, and
specifies the limitations of the dis
tricts.
1t states that at the general election Of
1904 and every fourth year thereafter
there shall be elected from among the
resident electors of each of the seven
districts one person to be Levy Court
commissioner for the term Of four
years, commencing on the first Tues
day of January following such election.
Meanwhile, from the passage of the
act until December 3lst, 1904, thu
court is to consist of seven commits
sioners, the five who were elected in
November 1900, and two appointed by
the governor who receives special
authority to appoint them in the act
In section 6 Of the act appears the
following provision:
The said Levy Court Commissioners 20
elected and so appointed shall have, POSSESS,
enjoy and exercise all the. rights, powers.
| privileges and duties of Levy Court COM
| missioners of New Castle county now vested
| by law in Layy Court commissioners Of New
| Castle county, and shall each receive the
compensation fixed by law; and the said
Levy Court 80 constituted shall have, pos
| sess and enjoy as full and complete juris-
| diction over all and every the matters and
things now vested by law in tho Levy Court
\ of New OHstle county as at present con-
stitnted, and shall possess, enjoy and exer-s
| else fully and completely all and every the
| powers, privileges, rights and duties that
| the Levy Court Of New Castle county now
by law poesess, enjoy and exercise
The position of Commissioner S.
| Frank Ewart as member Of the court
is different from that Of Messrs. Elliott
and Willis. For Mr.. Ewart was APP
pointed to fill vacancy, that caused
by the resignation Of John Lynn, and
under the Constitution his appointment
is for the period until the next general
election. The Constitution provides
that If vancanoy OCCUR within two
months next before such election, that
in that case an appointment shall be
until the second succeeding general
election. In other words, Mr.. Ewart
might resign within two months before
the election, and his successor would
hold office until the general election
succeeding that about to take place.
The suggestion has been made that
Mr. Ewart might resign and be reap
pointed under this provision and not
therefore have to stand for election in
the election of 1902. 1T is question
whether the Constitution contemplated
the resignation and reappointment Of
the same person.