Every evening, Wilmington daily commercial., 1906-01-05
WARRANTS Held UP.
County Bills Not TO be Paid
Pending a Dispute.
RELATIVE TO LEVY COURT
AS to Who is Now the Presl-.
AS to Who Is Now the Presl-
dent OF That Body.
SOME LEGAL OPINIONS GIVEN
To the Effect That Tuesdays
Meeting Was Illegal.
No County MONEY is 10 be Paid out Unui
the dispute Has Been setued-rhero
May be Special Meeting.

the dispute Has been settled-rhero
May be a Special Meeting.
Attorney General Robert II. Richards /
and Walter III. Hayes have both submit /
ted opinions to Comfy treasurer Robert I
NJ. Burns, 10 the effect that c. Candy /
Hopkins is still president Of the Levy |
Court and that the meeting Of the court /
last Tuesday, when Robert Mcfarlin was
elected president, was Illegal They CON
tend that the meeting was not called ac-
oording to law and therefore all business
transacted that day amounts to nothing.
They advised Mr.. Burns TO pay out no
county moneys on warrants signed by
Robert Mcfarlin, as president, and At
torney- General Richards states that the
county treasurer Is not authorized in per-
hitting the payment OF any warrants
drawn by order Of the Levy Court Com
missioners and signed by any one as
president except G. Candy Hopkins. On
the strength OF these opinions, Mr.. Burns
yesterday notified the Farmers Bank Of
icials not 10 disburse any county moneys
upon order Of the Levy Court Commits
sioners, except upon warrants signed by
Q. Candy Hopkins as president Of the
Levy Court.
Robert AIcFarlin, as president Of the
Levy Court on Wednesday signed eight
warrants ordered paid by the Levy Court.
The warrants to be regular require the
signature Of the president Of the Levy
Court and to be oountersiened BY the
comptroller Comptroller Chandler says
be will not sign the warrants until con-
WINGED Of the legality OF Tuesdays meet
ing.
Four members of the Levy Court yes
terday signed a petition to Clerk Of the
Peace Quigley for a special meeting of
the court on January IS. The members
who signed were Harry A. Brown, James
Logue, Robert McFarlin and John w.
Greenfield. It is expected that c. Candy
Hopkins win sign the petition to-day,
making the number required by law to
convene a special meeting
There is still a question as to whether,
when Mr.. Hopkins was elected president
in January, 1905, it was for one or four
years. The opinions did not touch on
that phase Of the tangle If he was
chosen for the four-year term the only
way he can be gotten out of the Office Of
/ president is for him to resign that Office
or for a majority Of the court-four
members-to vote to remove him from
the presidents chair. Should the ques-
ton of whether he was elected president
for one year or for four years not be
pressed, the meeting on January 10 win
be a legal meeting and could proceed TO
elect Mr. Hopkins successor as president
of the court.
After reviewing the matter referred to
him, Mr.. Hayes, in his opinion, says:
Upon this state Of facts and the law
as find them. am of the opinion that
G. Candy Hopkins is still the president Of
said Levy Court and the only president OF
said Levy Court authorized to sign war
rants drawn by order OF the said Levy
Court Commissioners.
Il am informed that the several men,
bers of the Levy Court assembled to-
gether on january 2, 1906. and went
through a form Of electing Mr.. Robert
McFarln presiding officer. As this was
not an adjourned meeting and was not a
special meeting provided for in the stat
utes, it was no legal meeting at all, and
all the proceedings Of said gathering were
an absolutely nullity and void in law.
"In my opinion there can be no legal
meeting of the said Levy Court Commits
sioners until the first Tuesday in the
month Of February next, unless a special
meeting is called as provided by law
Therefore, am Of the opinion that you
cannot disburse any moneys upon war.
rants drawn by order Of the Levy Court
Commissioners signed by Robert McFar.
lin as president Of said Levy Court"
Attorney-General Richards said in
part;
"After having examined into the law
in the light of the above facts, am OF
the opinion that the pretended election OF
Robert McFarlin to be the presiding Of.
fcer Of said Levy Court was a mere null.
ity and void in law, for the reason that
the pretended meeting of said Levy Court
at which the said pretended election took
place was not meeting authorized BY
law and that the mere presence of the
members Of the Levy Court in the Levy
Court room at the time specified, could
not, even though they all had acquiesced
therein, make such pretended meeting a
valid meeting Of the Levy Court, and il
therefore, follows as well as all Other
acts assumed to be done at said pretend
ed meeting were and are Illegal and void
The meeting of the said Lew Court held
on December 20, 1905, having adjourned
sine die, as above stated, there can be nc
legal meeting Of the said Levy Court un
til the first Tuesday in February next
unless a special meeting is called, as pro
vided by law.
Il am Of the opinion that Mr. Calel
Candy Hopkins is still the president Of
the Levy Court and is the only person
authorized to sign warrants drawn bv or
der of the Levy Court Commissioners al
the president Of said Levy Court. Thii
being true, il necessarily follows that
you, as the disbursing officer of the fund.-
of New Castle county, are not authorized
in permitting the payment of any war
rants drawn by order Of the Lew Couri
Commissioners and signed BY said Rober
McFarlin as president of said Lev,
Court, or by any other person, as presi
dent Of said Levy Court, than the sal,
Caleb Candy Hopkins.
81 am further Of the opinion that YOU
compliance with the requirement of IA,
statute providing that you shall deposi
all moneys collected by you in the Farm
ers' Bank, within three days after receiv
ing such moneys, does not relieve yo,
from responsibility as 10 the proper dis
bursement Of these moneys through III,
said bank"
Services ~ Calvary.
~. Ia