Milford chronicle., 1919-08-08

corporations referred to in Article
do not in my opinion belong to this
class. In my opinion the only cor
pOrations in this State which come
within the provisions of Article 8 ere
Delaware College and perhaps the
State College for Colored Students.
The new school code does not, in
my judgment, create corporations.
Levy Court is compelled TO levy the
tax when a budget in accordance with
its provisions is presented 10 il.
If individuals are dissatisfied with
the terms of this act they can easily
question its validity even after the tax
shall have been assessed by this body
l do not believe they clearly appre-
ciate the steps they are asking this
body to take when they ask it to re-
fuse to obey a statute which no court
has declared invalid. If the Levy
Court should refuse to assess a tax il
might possibly result in closing the
school Of this county for the whole
year. That result would certainly
create considerable popular dissatis-
faction. In any event it would GER
tainly result in involving the county
in litigation"
After Mr.. Harrington had given his
opinion members of the Court dis
cussed the question at some length.
Mr.. Waldman of the Eighth district
took an active part in the discussion.
He said he desired to correct an err
roneous statement which had appear
ed in the public press to the effect
that the fight over the school code in
the Kent County Levy Court was a
political one. Such a report. he said
was an absolute falsehood. which
could be borne out by other members
Of the Court. both Democrats and Re .
publicans, all being of the same opin-
ion over the school code and its pro-
Visions
Mr.. Waldman stated that he had ask
ed seven or eight attorneys as to the
constitutionality and validity of the
code, all of whom had expressed the
belief that it would be better to get
IN opinion from the judges of the State
courts before the Levy Court levied
he taxes.
Mr.. Waldman further stated that he
hought that inasmuch as fully so per
cent of the taxpayers of the county are
opposed 10 the code in one form or
'ther,, it was his belief that the best
hing to do would be TO ask the Gov
rnOr TO secure an opinion from the
Judges. Continuing. he said, Il have
lready heard several people say they
would not pay the tax and in view OF
his fact, would it not be far better
hat a positive opinion or decision be ,
ecured from the courts before levy
lg the school tax?"
Hr. Hope also expressed a similar
lew, claiming, however, that he was
4 accord with the code l
After further discussion of the mat :
er, Mr.. Waldman offered the follow =
lg resolution, which was unanimous I
I adopted:
Whereas, Under Section ,, Chapter {
3, of Revised Code of the State of
elaware, the Governor may require
II the public information the opinion F
writing of the Chancellor and the S
ldges touching the constitutionality b
a1y~laws enacted by the legislature
this State. and
Whereas, The Levy Court of Kent
1unty deems it advisable for the pub
/, information that the Chancellor and :
ldges give an opinion in writing
uching the constitutionality of Chap
r l57, Vol. 80 laws of Delaware.
ior to the levying and collecting of
e taxes as provided for in said
apter 157, Vol. 80, laws of Delaware,
w therefore be it
Resolved, By the Levy Court of Kent
unty that a committee of three be
pointed to wait upon the Governor
this State. requesting him to require
e Chancellor and the Judges to give
opinion in writing touching the
nstitutionality of Chapter 157, Vol.
laws of Delaware, for the public
Prior to the opinion of Mr.. Harring-
on the school code. representa-
es of the five Special School dis
cts in Kent county appeared before
Court and presented the budget
'pared by the several boards in an
pation of the court carrying out
provisions of the code. The dis
ITS represented with the grand total
estimated expenditures for the en- 3
ng year were as follows:
my ia dg lo1 CuuSOlludLeQ us
It, grand total, s3S,7S7
lover special district. S36.OO5.37.
aesar Rodney consolidated district
,232.
harrington consolidated district.
2O5.
lilford special district, S9O,S56.6O.
ounty budget for rural districts,
1884.
nth the presenting of the Milford
get, was a request to the Levy
TT that inasmuch as the three mem
5 of the Milford Board of Ednca-
as appointed by Governor Town
1, were all from the Sussex side,
as the school was for both Kent
Sussex pupils, that a committee
three from the Kent side of the
riot be appointed to confer with
members of the Board from the
iex side as to the school conditions,
On the recommendation of Com
iioner Woodruff. of the Tenth dis
including Milford. the court ap-
ted Frank Reedy, ]. L. Davis and
sstees at - &c confer with the three
lbers of the school board.
TROL MEASURES FOR
MEASURING WORMS