Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1918-06-19
81, 500, as Extra Compensation on
Assessment, Held by Court
to be Illegal.
CHANCF|| Mr. SUSTAINED
BY SUPREME COURT
Repavment of Full Amount, With
Interest and Costs, Required
in 90 Days.
DECIDED ON APPEAL

Col. Weller T.. Slower, member OF the
Citv Board OF Assessment, and William
p White. a former member OF the board,
arc directed. under a decree handed down
hv the Supreme Court of Delaware, at
ifs session at Dover Yesterday, to pay to
the CITY. within 60 days, 81 500, which
civ Council allowed the members OF
the Board of Assessment. III 1914, IN eX-
,ess of their stipulated compensation, AS
extra nav for preparing the new assess
mcnt which was used that year Tor the
first time rs n basis OF city taxation on
real estate There was another member
II the Board of Assessment AZ that time,
R,uldinc INSPECTOR William +. Johnson,
brit he has since died.
The litigation, which has been pending
since the day the money was paid. has
zone all through the legal channels up 10
the Supreme Court, which passed finally
IN il Yesterday. affirming the decision OF
tho Court of Chancery. which held that
the extra money was paid without warrant
Of law Subsequent action on the part
Of the Legislature. in an attempt 10 legal
ize Councils action in allowing the money.
was held by the Court OF Chanccry 10 nc
invalid.
HISTORY OF THE CASE.
CITY Council passed the ordinance
allowing the extra compensation on May
u. 1914 On the following day, May 10,
the Taxpayers League, through Attorney
General Josiah o. Wolcott, tlled an m
formation in the Court of Chancery, IN
which il sought 10 stop the action OF
Council and prevent payment Of the
money BY the bank The attorney
general approved the information ana
Chancellor Charles Nj. Curtis issued a
ha FT11n hfs
paper. had been served, the ordinance
of Council had been approved over night,
the check had been drawn and the money
obtained early the next morning at the
MON National Bank, where the city had
An account, so that the injunction had no
afTeft at the time, so far As stopping pay
nent was concerned
After a hearing on the information. IN
February, 1915, the Chancellor decreed
the ordinance allowing the money TO be
invalid and illegal
GENFR.I ASSEM- BLY, TO TnE RESCUE.
Very shortly after the General Assem-
bly, which was then IN session, passed an
act in an effort TO validate the ordinance
of Council and authorizing CouncI to
nav the money, whercupOn the taxpayers
League filed amendment 10 the ntorma-
ton, alleging that the act OF the Deglsla-
t4Irs. was unconstitutional. Several near
jngs we're had in this behalf and IN Feb
ruarv, 1917, the Chancellor decreed the
act OF Assembly to be unconstitutional
and void and ordered Slower and hIte.
The two surviving members OF the Board
OF Assessment to pay back to the City
Treasury, within 90 days, the 81 800 re-
ceived bv the board, with interest from
the day the money was drawn from the
bank. and with the costs III the case; also
directing the city treasurer to receive
the money.
DEFENDANTS TAKE An APPEAI.
Before the 60 days had expired Daniel
O. Hastings. then city solicitor, took an
appeal to the Supreme Court OF Della
ware. in behalf of Slower and White and
the city corporation, The Mayor and
Council which was joined IN the appeal
The appeal was heard by the Suprene
Court last January, Chief Justice James
Pennewill and Associate Justices William
H. Boyce, Henry c. Conrad and Herbert
l.. Rice sitting Mr. Hastings represented
the appellants In the argument, while
Robert Adair appeared for the attorney
general and the Taxpayers League, APP
I,ellees.