Middletown transcript., 1903-11-28
xrsDLErswH, DxL., nov. 20, 1908.
MAGISTRATES AND coHsrABLEs

MAGISTRATES AND C0HsTABLEs
Attention was called some time
ago to the large bills Of tht
Justices of the Peace and Cos
tables of the City of Wilmington
for fees charged to the County.
and the Comptroller held up the
bills for the quarter ending June
both last, pending an investiga'
ton into their legality. Last
Tuesday he submitted a report
in which he said that he had
stricken out certain items for
which there was no warrant in
law and these reduced the
amount of the four Magistrates
bills from $748. 80 to $334.O5, and
of the four Constables bills from
$989. Az to $408.82, or more than
80 per cent. on the average.
Some were reduced more than
others. but the effect is the
same. The Comptroller declares
that the condition of affairs as
disclosed by his examination is
most reprehensible, and while
sanctioned by long continued
custom the practices are wholly
unauthorized by law, and in
many instances positively pro-
hibited. He issued subpoenas
for many persons in whose name
the officials made charges, but
only about 30 per cent. of them
could be found by the Sheriff.
Admission was made to him by
every one of the four magistra-
tes that their records may
not, and do not, in all cases, con-
tain a correct record Of all pro-
ceedings before him. OF what
use it might be asked is a record
that is not correct? The charge,
is also made that the criminal
process of the state has been
,recklessly used by Justices of the
Peace for the collection of debts
and other civil business, and
frequently the County is charged
with the costs Of these criminal
processes. But the worst abuse in
the opinion of the Comptroller is
to mark upon his record that a
charge was dismissed, and yet
to force one of the parties at in
terest to pay as great sum as it
is possible to squeeze out of him,
terming this money either as
''fines" or "costs," but not max
ing any return thereof
There is no personal animus in
the action of the Comptroller or
of the Levy Court, which adopt
ed his report and ordered the
bills as "cut" to be paid. Nor
are the Magistrates and Con-
stables necessarily of criminal
intent. The present officers
have but followed the precedents
of years of Democratic officers.
As long ago as 1891, when the
Republicans were in control Of
the Levy Court before the pre-
sent court, this abuse was talked
about, but under the system then
prevailing there were no means
of proving the case. But the
powers conferred upon the Comp
troller to subpoena witnesses
and to examine the records has
proven sufficient to bring to
light the truth. If it were pos
sible to recover the money thus
illegally paid, it would undoubt-
edly pay off large part of the
County's bonded debt.
The Magistrates and Cons
tables are, of course, indignant,
and say they will not accept the
warrants in payment of their
claims. They have engaged
eminent counsel who asked the
Levy Court to defer action. 1t
is now up to them to prosecute .
their claims if they think they
have been wronged.
We desire to call attention to
the difference in the manner of
reducing these bills from that
followed in the case Of the print '
ers last year, who printed the
registration lists and the bal i
lots. Then we thought, and still
think, that the Levy Court had
no right to make the reductions.
The law had placed the duty of
having this work done upon t
certain officials, who contracted
with printers in different parts c
IF the county to do the work. :
All made a uniform charge for :
tee registration lists, which i,
charge was less than had been n
customary under Democratic b
rule. But because one printer !,
who had previously charged .
more than was asked in 1902 said
le could afford to do the work forl
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