Evening journal., 1906-07-31
BIDS OPENED
FOR new ROAD
Three Bidders For New Town
send Highway and All
Make Close Estimates
Mr.. KNOWLES OPINION

Proposals were opened by the Levy
Court to-day for building a gravel
road from Taylor's Corner to the Pine
tree through Townsend. There were
three bidders all Of whom were close
in their estimates. The matter was
referred to the good roads committee
The bids were as follows: Stewart
and Donohoe s11,sOO; John Z. Taylor.
s11.56O and L. Ward Brown. OF Port
Deposit, Sl1.742.
Mr.. Hopkins reported the new Els
mere road to be in bad condition and
a similar report was made by Mr..
Solomon Of the Middletown and odessa
road. Highway Commissioner Price
was instructed to advertise for stone
for the repair of both roads.
Acting on opinion of Horace c..
Knowles, counsel for the court, the
board passed the bill of Theobold
Harsch for SSS2.S6. being the balance
due him for new road work This
money was held up for some time be-
cause an attachment had been laid
against by local stone crushing COM
pany.
The communication Of City Solicitor
Townsend returning the franchise OF
the Commercial Light, Heat and
Power Company without his opinion
was read. Mr.. Townsend states that
the franchise approved by Harmon I'm
1904 and the one passed by the Board
on last Tuesday are materially differ
ent ana has never been passed upon
/ by any City Solicitor He says there
is nothing he can do now that the
franchise has passed the board Should
the Mayor ask for an opinion from
him he said he would be glad to give
it.
Mr.. Knowles opinion was;
Gentlemen: In answer to your in
lquiry relative to the suit Of the Della
ware Granite and Mining Company VS.
Theodore Harsch, in which proceeding
an attachment has been served upoT
the Levy Court Commissioners, would
lsay:
1t seems to be a well settled rule OF
law that the State cannot be sued
without its consent. and that counties
being subdivisions Of the State anC
linstrumentalities Of government exer'
cising authority given by the state, arr
no more liable than the state.
/ one Of the first reported cases n
this State dealing with the liabilitl
! of a county. is the case of Carter VS.
wild ct al Commissioners Of the Lev,
Court Of Kent county, reported in
Houst. IA. This was an action Of tor
b to recover for injuries received by tn
breaking down of a bridge. The cour
dismissed the case. holding that M
action of tort will lie against such
division Of the state as county.
/ In the case Of Duncan VS.. Lev,
2 Court of New Castle County. decided
: in 1903, and reported in Pennewi
] 493. the Superior Court held that al
p faction ex-contractu was not maintain
able against this county In this cas-
the plaintiff sought TO recover fror
the county the value of dirt alleged Q
5 have been used by II.
The general rule as to garnishmen
of state officers has been stated b.
the court I'm the case Of Farmers Ban
VS.. Ball. state Treas. 2 Pennewill 37'
The court there say; "As neither tn
general government nor the severa
ICldAta are nUulAAs WAAllNuA "a ~ t0N AANAi
ton, by general words in a statut
which trenches on their respective pre-
negatives OF sovereignty; they cannC
be subject to garnishment without ex
press authority Of law"
another reason for such exemptlo
is that governments are not, withol
their consent. subject TO suit, an
whether garnishment be deemed a su
or not. the exemption would folio
e. from the inability Of the defendant
L sue upon such indebtedness"
a AS attachment proceedings al
r purely statutory It would follow this
Il there can be no remedy in such case
q except that expressly provided by II
l. statute. and I find no provisions
, lour attachment law authorizing the al
u tachment Of moneys I'm the hands Of Il
alLevy Court
d, Consequently. upon the foregoing az
= thorities, it is my opinion that n
= Levy Court is not liable in the attacl
lment proceedings above referred to.
4, w. G. Coke Expected Home.
il William G. Coke president Of Il
lei Harlan and Hollingsworth Corner,