Evening journal., 1904-03-08
attorney General Told
That If He Does Not
Act on Magistrates
Case the Matter VIII
Drop
s Referred to the Steno-
graphic Report of the
Testimony of Wit
nesses Before Comp
troHer Kelley

At the meeting of the Levy Court
his morning the committee on magis-
rates and constables made a report
elative to Attorney-G General Wards
stter regarding the Magistrate Hollis
ontroversy. After some remarks by
resident Chandler the report was ac-
epted and a copy of it viii be sent to
fr. Ward. The report follows:
70 the President and Members of the
Levy Court:
i Gentlemen: The committee on magis-
rates and constables to whom the
communication of Attorney-General Fl.
I. Ward of December "a, 1908, was
eferred. after a very careful considera-
ion. beg leave to make the following
eport:
l. II. Ward, ESD:
Your communication of December "a
,ddressed TO the Levy Court Of New
,astle County has been carefully con-
3idered
Replying thereto, we beg leave 10
tate that we are not inclined to raise
1 fany question as to the duties Of the
lttorney-general for the reason that
we admit you know best what are the
iuties coming within the fulhillment Of
your office, nor is it the intention or
iesire Of the Levy Court to load upon
you any work that does not come
within the scope Of your official duties.
AS YOU say. the Levy Court is the
public financial body Of the county.
4 m our opinion It is not one of the dut-
es of the Levy Court to prosecute viol-
ltors of the law. That is a duty that
Il attorney- general, as the officer desig-
hated in this county and state. There
can be no prosecution without you and
no one else can prosecute but you.
In the case Of the Justice of the Peace
George II. Hollis. and other justices OF
The peace. the Levy Court. at the ex-
pense of several hundred dollars to the
county made a careful and exhaustive
examination through and by the
county comptroller. The report OF the
comptroller was made TO the Lsvy
Court and accepted by u.s. 1t recon-
mended the cutting down the account
i Of George II. Hollis and the other JUS
tices of the peace about fifty per cent
and the report charges substantially
that George II. Hollis and the other
Justices of the peace hal attempted "a
county QUITO money.
Having no desire to do other thar
to cut down the magistrates and con-
stabies' quarterly bills against tho
county. and to lay down a rule ol
/ cahrges for the future we merely ac-
cepted the report of the comptroller
and ordered warrants drawn i'm favoi
of the magistrates for the amounts
fixed by the comptroller.
All the magistrates accepted the ac
ton Of the court but George II. Hollis.
We decided. therefore. TO turn 10 you a
the attorney-general. the prosecuting of
ncer of the State. and as such we refe
the report of the comptroller and IL
charges against George II. Hollis and th
other magistrates to you. And right her
we want to disclaim any intention Z
either insult you or throw dscredit upo
the conduct Of your office, and we regre
exceedingly that you so interpreted on
actions.
Under the very peculiar circumstance
OF this case, and after careful considera
tiou. we are still of the opinion that on
action on December %. in referring tn
Hollis matter to you was in every re
specr proper. You have but TO eXamin
the stenographic reports of the many VIII
nesses who testified under oath befor
Comptroller Kelley In the very thoroug
and impartial investigation conducted b
him. and 20 read the testimony Of Geors
IT, Hollis given to the comptroller,
that Investigation under oath and cover
ing nearly a hundred typewritten page
and II you decide there Is no oasis for IN
charges for the comptroller then that
the end OF the matter. If You decide IN
comptroller had ample grounds for III
charges he makes, then through The gran
jury OF tho court, Mr.. Hollis can have th
opportunity he so deiermincdly demand
or viadicating himself.
&. Candy Hopkins,
NJ. n. Willis
John G.. Armstrong.
The finance committee os the court II
ported s2225iO.6S in bank to the credit
the county.