Evening journal., 1918-06-19
MUST refund $500
IS COURTS DECREE
CONTINUED From First Page,

CONTINUED From First Page.)
which the Supreme Court yesterday
confirmed, follows:
ION this seventh day Of February, A.
ID. 1917, the motion made on behalf OF
the Attorney General, by Robert Adair,
solicitor for The Taxpayers League,
incorporated, the relator, for a decree
notwithstanding the answers. having
been duly argued.
ut is adiudged, and therefore Or
dered and decreed, that the said VIII
/ liam p. White and Weller Z. Stover,
/ two OF the defendants. and members
/ OF the Board Of Assessment, Revision
and Appeals of the city Of Wilmington
| (the other member thereof, William Z.
Johnson. being dead) restore and pay,
or cause 10 be paid to the treasurer OF
the city of Wilmington, within sixty
days from The date hereof. the sum OF
fifteen hundred dollars (Si,50O) with
lawful interest thereon from the flf-
teenth day Of May, A. ID. 1914. being
the sum of money drawn from the
treasury Of the city Of Wilmington by
the said defendants on the fifteenth day /
OF May, A. d. 1914, as alleged in said
information, or that an attachment |
issue; and that the said sum be ac-
cepted by the said The Mayor and Coun- |
ell of Wilmington, the municipal cor
poration and one of the defendants.
And further, that the said defendants,
William p White and Weller +.
Slower, pay the costs OF this cause,
which are hereby taxed at the sum Of
elghty-three dollars and thirty-twC
cents, within sixty days from this date,
or that an attachment issue.
"And the Chancellor reserves the
right to make further orders in the
cause in order TO more effectually OBJ
tain for the relator the relief prayed
| for.
"(signed)
"CHAS. NJ CURTIS, Chancellor"
A history Of the case follows:
The Wilmington City Council passed
an ordinance in May, 1914. TO pay $500
extra compensation to the Board Of
Assessment, Revision and Appeals for
work done in making the city assess
sisted OF William p. White, president
OF Council; Weller E. Spver. chairman
Of the finance committee Of Council;
and William E. johnson, building in
spector. now deceased.
Josiah o. Wolcott. then attorney
general on the relation OF the Tax
payers League, applied to the Court
in Chapcery for restraining order to
prevent Council from acting under the
ordinance and 20 restrain the Union Ma
tional Bank from paying the money
from the city funds. The Chancellor
granted the restraining order, but the
ordinance had been approved and the
check cashed before the order was
served. After a hearing on informa-
tion and afildavits the Chancellor in
February. 1915, decreed that the ordi-
nance was illegal.
The Legislature shortly afterwards
passed an act to make valid the ordin-
ance and authorizing Council TO pay
the money. The Taxpayers League
then amended the bill in Chancery,
claiming that this act was unconstitu-
tional. There were hearings before
the Chancellor, and in February, 1911.
he made the decree which was affirmed
yesterday by the Supreme Court From
this decree Messrs. White and Stover,
Represented by Daniel o. Hastings, then
City Solicitor, gave bond. and appealed
to the Supreme Court, the city being
Joined as a party in this appeal. Argu-
ment on the appeal was heard In Janu-
ary 1918