Evening journal., 1916-01-13
No COUNTY MONEY
FOR JOINT BUILDING
Levy Court Attorney Says
Such Appropriation Would
Be Illegal
COMMISSION
WANTED $4,000

Frank J.. Speakman, attorney for
the Levy Court, submitted to the
court today an opinion regarding the
right of the court to appropriate
$4,000 TO the commission to face the
structure Of the county building with
granite and $4,000 the estimate cost
OF bullt-in furniture required for the
building.
His opinion is that in the absence
OF specific law it would be illegal for
the court TO make such an appropria-
tion Of county's funds to. or for the
use Of the New Castle County Build
ing Commission.
Mr. Speakmans opinion follows:
To the Levy Court OF New Castle
County.
Gentlemen You have submit
ted to me. for my opinion. the fol-
lowing question: HAS the Levy
Court the authority to appropriate
TO. or.for the use OF, The New Cas-
tie County Building Commission
the sum OF three thousand dol
I lars. the estimated cost of certain
built-in furniture required in con-
nection with the erection, equip
ment and furnishing OF the new
County Building, and also the
sum Of nine thousand dollars, the
! estimated cost Of facing the super
structure OF said new County
Building with granite so that the
HrTf. sNaH
Building Commission will be en-
abled to carry out the suggestions
and recommendations relating
thereto. made by IL in its COM
munlcation OF January 5th, 1916,
TO the Honorable Judges OF the
Superior Court OF the State of
Delaware"
Chapter pol. of Volume p, Laws
of Delaware, which is the act pro
yiding for the or .ction of the said
new county building, provides,
among other things that "rhc said
the New Castle County Building
/ Commission shall acquire for New
Castle county little 10 be taken in
the name of "Thc state Of Delaware
for the use ot .New Castle county,
some suitable place in the city of
Wilmington for the erection of
county building. and the said COM
MISSIONS hereby authorized and ems
powered TO purchase or otherwise
acquire such real estate as may be
necessary. and TO erect thereon.
eunip and furnish a county building
suitable for a Court House and
county offices"
The said act further provides
that: For the sole purpose OF
= paying for the land and for the
erection. equipment and furnish
ing OF the building hereby pro-
vided for, the Levy Court of New
Castle county is hereby author
izod and empowered to borrow
upon the faith and credit of said
county as hereinafter provided.
sum not exceeding Six Hundred
Thousand Dollars, and for the
purpose OF securing the payment
r. OF the same to issue bonds"
Under the provisions OF this act
it is unquestionably the duty OF
the said Building Commission TO
acquire such real estate as may
be necessary, and TO erect there
: on, equip and furnish the said
County BUILDING at a cost not eX-
ceeding the amount of the pro-
ceeds received from the sale Of
p the bonds authorized TO be it,
sued for the purpose, after the
, payment OF the charges and eX-
penses connected with the prepa-
: ration and sale of said bonds.
There is no other provision of
law authorizing the Levy Court
to borrow for. or appropriate to,
or for the use of. the said The
New Castle County Building Com.
I, mission any sum of money, and in
the absence of any such provision
] am of opinion that any apprO-
{ fpriation of the county's funds TO,
or for the use of, the said The
New Castle County Building Com
mission would be unwarranted and
illegal.
Yours respectfully,
v FRANCIS L. SPEAKMAN
s Mr. Smith m0ved that the opini
, be received and spread upon the IN
utes OF the court. The motion p
vailed A copy of the opinion will
forwarded to the Superior Court. T
5 Building Commission sent it's co
b munication to the Levy Court by I
Superior Court. Hence the reply &C
. back the same way. Upon motion
= Mr. Scott all further consideration
the matter will he taken up by I
. court as a committee OF the whole.