Evening journal., 1905-06-20
H. H. WARD BEFORE LEVY Z.
COURT ON QUIGLEY BILL
County Pays Christiana
Construction Company
Balance Due for Build
ing Hare's Corner Road
Attorney Knowles Sub
mIts an Opinion in Re-
gard to the County
Bonds

Bonds
At the meeting OF the Levy Court
this morning ex-Attorney General Her
bert II. Ward. counsel for Clerk Of the
Peace Winfield S. Qulgley. apepared
before the court in regard to Mr.. Quig--
lley's quarterly bill which has been in
dispute for several months and which
was reduced nearly half and then or
dered paid at the meeting Of the court
last week. The original bill was cut
down by Comptroller Chandler and the
court paid the amount to which he re-
duced il.
Mr. Ward asked that this action %
the court be reconsidered.
He said in order that the matter
could be decided a higher court the ac-
tion Of last week should be reconsider-
ed and the bill passed as presented.
lThe comptroller, he said, could then
cause a suit In equity by getting an
injunction from the Chancellor and
have the case determined by that
court
He said at present it would be i'm
possible to get the matter before the
superior Court unless the members
would agree to acknowledge that Mr..
Quigleys bin was for work done as
clerk Of the peace.
HOPKINS GIVES A SOLUTION.
II was suggested by President Hope
kins that the court could reconsider
its action and then pass the original
bill as presented The Comptroller
could then refuse to sign IT, Mr.. Ward
thought this would be a solution Of the
problem and that Mr.. Qugley could
then go before the Superior Court with
la mandamus proceeding. The court
promised Mr.. Ward IL would consider
the matter.
Bids for building a new bridge over
Drawers creek were opened. The
bids were: John r.. Taylor, $1796a
Franklin X Wills Company. $37o0.
which includes the work OF removing
the old bridge The bids were referred
to a committee composed of Messrs.
Salmon, Scott and Brown. with power
to act
The court paid to the Christiana
Construction Company ss53,4O. which
Is the balance due this company from
the county for building the Hares Cor
ner road. The State still owes the
contractors SS9S41 on the highway.
MIR. KNOWLES OPINION.
]
The courts attorney Horace G.
Knowles, submitted the following opin-
ion in regard to county bonds:
The President and Members of the
Levy Court.
Gentlemen: Replying to your inquiry
of last Tuesday In the matter of the
4 liability Of the county for the payment
r Of interest on county bonds after ma
= turity, and which bonds We're. Accord
D ing TO the terms stated therein. pay
d able at certain places and on "A certain
day. but were not presented for pay
5 ment at such time and place. / am OF
y the opinion that the county is not LA
e BILE for such interest. This seems to
( be the well settled law In respect to
{ such negotiable Instruments. and is re-
{ cognized by all our local banking in
stitutions.
S In respect to certain bonds on the
\ face of which the principal is payable
z at the Office of the receiver OF taxes
I and county treasurer the first day OF
y December 2904, which date Is undoubt-
n edly a clerical error and should be
. 1904 there Is a Queseion as TO whether
e. the law as above stated would apply
e 10 them. for the reason that the condi-
- tions in the bond necessary TO fix the
C payment OF the principal and final pay
n ment of interest was not expressly and
2 correctly stated. There are, therefore,
y certain legal as well as equitable. rights
C which the holder Of such bonds might
" claim and in order 10 meet and satisfy
them It might be advisable to accept
Il the surrender of the bonds by paying
n the principal and six months interest
n from December /, 1904. which was un-
e doubtedly the date they were intended
to laf auf hrA go t,T
in the bond and the holder failed to
/, present them for payment at the time
l. and place mentioned he could not
l. claim the payment OF interest after the
k date OF maturity.
}; Very truly yours.
n Horace G. Knowles.
n June 20, 1905.
d The opinion was accepted and fled
= and the clerk was ordered to send a
r copy to each bondholder with the re-
Is quest to return interest paid then since
d September 1, 1905.
d Commissioner Brown reported that
he had just had a talk with the State
It Treasurer and the Treasurer had said
r. that instead Of being a balance in the
It treasury for good roads, there was an
" overdraft. The treasurer. he said.
d promised to send hi ma statement in
d few days.
l. The court awarded the contract for
building the bridge across Old Draw
j. yers creek to John E. Taylor
vi At 1915 o'clock the court went into
executive session TO consider the ad-
visibility Of reconsidering action on
the clerk OF the peace's BILL so that the
matter could be taken to the Superior
a Court.
/ The previous motion Of the court in
d regard to the county bonds was re-
a considered and a motion simply accept
~. tho aLtnrnnu-a- nrLnlnr .uaa sLlhsll-