Evening journal., 1905-05-09
COMPTROLLER
FILES PROTEST
TO QUIGLEY BILL
Claims 1t Is Excessive.
Members of Levy Court
Discuss the Matter
REFERRED BACK TO COMMITTEE

The controversy over the quarterly
bill of Clerk Of the Peace Winfield S.
ouigley. for the quarter ended March
81, came up for discussion again at the
meeting Of the Levy Court this morn
dng. Comptroller Chandler contends
that it is excessive.
The amout Of the bill presented by
Mr.. Quigley is S221s.S5. and the Comp
troller claims he should be allowed only
S12l5.s5,.
The protest Of Mr.. Chandler was
read and after considerable discussion
the matter was referred back to the
committee on attorney, clerk and sheriff
and the courts attorney II. G. Knowles,
viii be directed to render a written
decision by the next meeting.
After routine business had been dis
posed of, Comptroller Chandler stated
that he was ready to present the clerk
OF the peace's bill with his protest. The
protest was read 10y MI. Quigley and
was as follows:
COMPTROLLER'S PROTEST.
To the President and members of the
Levy Court Of New Castle County.
Gentlemen: I herewith transmit TO
you the bill Of the Clerk Of the Peace
Cor the quarter ending March 81, 1905,
without my approval.
My objection TO the bill is directed,
first: TO the charge made for copying
and certifying the assessment list, and
second. the extra. charges Of the Clerk
Of the Levy Court.
The first objection is based upon a
charge i'm the bill Of two and one-half
cents per line. The law expressly says
that the fee Of the Clerk of the Peace
for collying shall he one cent per line.
The duplicates of the assessment list
are made by the Clerk of the Peace
and not by the Clerk of the Levy
Court. and therefore the compensation
or fee for such service being regulated
by law. cannot be changed by the
Levy Court Under the head of Fees
OF the Clerk of the Peace at page 905
OF the Revised Code, is to be found the
following: Copy, or exemplifcation,
of a record under seal. not before pro-
vided for thirty cents, and one cent a
line"
can dnd IN the iaw no special pro-
vision fixing fee Of two and one-hali
cents per line for copying the assess
ment lists which are. OF course. records
dn the Office Of the Clerk OF the Peace
Therefore. the general provision in tbs
fee list must apply, and it matters moi
what be the character Of the RECORD
copied or the length Of the line in suci
copy The duplicates Of the assessment
lists are essentially copies of a record
an dtherefore fan within the provision
Of the paragraph above quoted from th'
fee list of the Clerk of the Peace. i
the fee or charge for copying sucl
record in the Office Of the Clerk of tn
Peace were not expressly provided 70
by law, the Levy Court could then fl
whatever compensation it mighgt de
sire, he it one cent or fifty cents pc
dine. but, inasmuch as this particula
work-copying a record is expressl,
provided for il is certainly not withil
the power of the Levy Court to ALLOW
either more or less than is provided b.
law
In this particular case the exces
amount I'm this quarterly bill is SS4Ss
over what I find TO be the legal fee, o
ST the additional lists yet to be paid 70
are considered. the overcharge will b
S2531.70 for the year. Only a clear an
umdisputed legal right to this charg
will justify my approval Of the item d
question. and under no circumstance
can / permit my action to be governe
by what has been the custom in tn
past.
My second objection is to those item
in the bill cOmpensating the Clerk {
the Peace for acting as Clerk of tn
Levy Court. There is i'm the bill
charge of Three Hundred Dollars (30l
as compensation to the Clerk of tn
Peace for acting as Clerk of the Lev
Court for the quarter. / cannot fin
any record OF resolution fixing {
allowing such compensation, but, a!
summing that the Levy Court intend
TO make an allowance of $1,000 a yes
to the Clerk of the Peace for acting q
Clerk of the Levy Court, considerin
rhat the Levy Court meets on an ave
age of once a week throughout the yea
this allowance would amount to SS23l
per meeting which is indeed generoi
pay. considering the time taken an
work done, and should compensate f
all services rendered by the Clerk Of d
Levy Court.
There is in the bill, however,
separate and independent charge or 4
for every act performed by the Clei
of the Levy Court. Such matters
writing the minutes of the meeting
writing letters and sending commune
tions, notices. resolutions, bills, Sc,
all charged for separately, and amou