Evening journal., 1916-06-06

NI ifIlT invest lZNllNU- ntNN lNNlNuiu fUl-
c sideration of the items. listed in the
J. table Of contents, relative TO each OF
y which the report viii cover existing
=. conditions followed in each instance by
!, recommendations covering the economic
~ and efficient de,eopmcni of the several
u phases of highway work cnnmeratedf -
(, Comment by A,,orney for Levy Court
and Highway Commissioner.
From the report OF the said commits
+, sion Of engineers and this report Of the
= attorney for the Levy Court aud the
- New Castle County state Highway
4 Commissioner hereinafter called the
highway commissioner, together with
- the law and facts in relation 10 the
construction and maintenance of roads
n in this county, wnch Is at all times
available II can be readily ascertained
To what extent the said commission at
. engineers is correct in its findings as
above set forth IN reference 10 those
4 matters Viii, are not matters Of opin
. ion. 10 what extent the said commis.
sion of engineers is correct IN its opin.
ion must necessarily be referred for the
consideration of those interested in the
Z construction and maintenance of roads
Z in this county.
10 Mr.. Speakman and Mr. Wilson set
- forth that the statement Of the law
p and facts by the commission Of engi-
G neers appears TO be correct.
s Recommendations by Commission Of
d. Engineers.
3 "ln order that the highway ongi-
neering work of the county should be
: conducted efficiently II is of funda-
! mental Importance that all appointees
) and employees Of the county on high
= way work should be under the direct
y supervision OF an engineer to be
, known as the New Castle County
- Highway Commissioner and TO as
great an extent as practicable all en-
gineering work should be conducted
4 through the medium OF a permanent
4 organization.
= Recommendation by Attorney for
y Levy Court.
The above general recommends
T. tion cannot be adopted without an
d amendment TO the present law.
s As TO the recommendation that the
II Highway Commissioner shall he a
% fun or associate member OF the
American Society OF Civil Engineers
e. Mr.. Speakman comments;
So That portion or the first specific
n recommendation which provides that
the New Castle County Highway
u Commissioner be a full member (M
le Am. Soc. c. E.) or an associate mem
her assoc. M. Am Soc. c. e.. OF
who has fulfilled the requirements
W. for the grade OF associate member
% cannot be adopted as any act requir-
ing said qualification would be un-
constitutional. The Legislature OF
q this State has not inc power to place
n such a restriction upon the eligibility
,a to hold public office. II 1t could dc
n so then IL could provide that per.
,v son to hold public office should be
a. member Of certain political party
id or person who has fulfilled the re
id quirements for membership. or
member OF a certain church. or per
nm son who has fulfilled the require
u ments for membership. or mem
dc her OF certain fraternal society. o.
a person who has fulfilled the re
its quirements for membership. Clearl
gs such an act would be unconstitu
tiOnal.
at That portion OF the said first spe
ns cihc recommendation which suggests
'y that IL is not advisable TO restrict ap
pointments to the position OF New
rs Castle County Highway Commission
n' or 10 residents of New Castle County
ct as is required by the present law
cr cannot be adopted as an amend
~ ment to the law authorizing the ap-
~ pointment of nonresident of New
p Castle county, would be unconstitu-
y tional
Section II. Of Article 3. Of the Con.
stitution OF the State OF Delaware. A
! ID. 1897. provides as follows:
- mo person shall be elected or an.
or pointed 10 an Office within count,
,rt who shall not have a right TO vote fol
ON a Representative in the General AS
ID sembly. and have been a resident
therein one year next before his elec
an. tion or appointment, nor hold the of
nd fec longer than he continues to re
&C. side in the county. unless herein 9th
of erwise provided"
at. II is not otherwise provided in sal,
,rt. Constitution that the New Castl
st. County Highway commissioner. o.
M any other officer having the same o
of similar duties can be elected or an
red pointed to ONCE il he is non-resi
in dent OF New Castle county
'ur For the beneht OF those interested
M the present New Castle County Stat
ose Highway Commissioner is an asso
to ciate member Of the American Societ
'url Of Civil Engineers
red Recommendation by Highway Com
M missioner.
on That part OF the first specific re,
W ommendation OF the Commission (
ls' Engineers. which recommends that
' "The New Castle County Highwa
y Commissioner should have charge q
y all the highway work coming unde
the jurisdiction Of the state and Lev
p. Court This recommendation carrie
with il the abolition of the position
Of County Road Engineer and Count
Supervisor Of Roads whose dutic
as prescribed by law should he take
over by the highway commissioner
M should not be adopted.
of Under the laws OF this State, IN
on money available for the constructio
mt and maintenance Of roads is derive
10 from three sources. First, from tn
,k State; second. from the county; an
Iii third. from road taxes collected in th
ere various rural hundreds. The none
ers received from the state is used 70
en- the purpose Of constructing improve
o,N county roads The money receives
'ns from the county is used for the pur
poses OF constructing and maintain