Evening journal., 1919-08-06

ton It's validity even after the tax shall
have been assessed by this body. I do
not believe they clearly appreciate the
steps they are asking this body 10 take
when they ask 70 10 refuse 10 obey
statute which no court has declared
invalid II the Levy Court should re-
fuse 10 assess a tax. II might possibly
result IN closing the schools of this
country for the whole year That re-
suit would certainly create considerable
popular dissatisfaction In any event
10 would certainly 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. Waldmsn OF the Eighth district
took an active part In the discussion.
lie said he desired 10 correct an erron-
eous statement which had appeared IN
the public press n the effect that the
nght 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 he borne out by
other members Of the Court both Dem
ocrats and Republicans. all being OF the
same opinion over the school Code and
ts provisions.
Mr.. Waldman stated that he had ask
cd seven or eight attorneys as TO Tho
constltuilonallty and validity OF the
code. all Of whom had expressed the
belief that Il would be better 10 get
an opinion from the Judges OF the state
courts before tho Levy Court levied
the taxes.
Mr.. Waldman further stated that he
thought that inasmuch a. fully 80 per
cent. OF the taxpayers Of the county
are opposed 10 the Code IN one form
or other. n was his belief that the best
thing 10 do would be 20 ask the Cover
nor 10 secure an opinion from the
Judges. Continuing he said. have al
ready heard several people say they
would not pay the tax and IN view Of
this fact would n not be far better
that a positive opinion or decision he
secured from the Courts before levyins
the school tax.
Mr.. Hope also expressed a similar
view. claiming, however. that he was
In accord with the code.
Arer further discussion OF the mat
ter. Mr.. Waldman offered the following
resolution. which was unanimously
adopted:
Whereas. Under Section ., Chapter
i3. OF Revised Code ~ the Stale 0i De-
aware. the Governor may require fol
the public Information the opinion 10
writing OF the Chancellor and INC
Judges touching the constltutlonallis
In any laws enacted by ne Legislature
OF this state. and
Whereas. The Levy Court OF Ken
county deems 10 advisable for the pup,
lie Information that the Chancellor and
Judges give an opinion In writins
touching the constituilonaliy OF Chap
ter i57 Vol 20. laws Of Delaware
nrior 10 the leying and collecting OF thl
taxes A provided FOR in said chapter
/ is7 Vol. 40. laws OF Delaware, nov
therefore be 10
resolved BY the Levy Court Of Ken
county that a committee OF tnree ~
appointed 10 wait upon the GoNerno
~ This state, requesting him TO requr r
ihe Chancellor and The Judges TO CIV
An opinion in writing touching IN
constitutiousllty OF Chapter i5', No
90. laws OF Delaware for the pubic ~
formation. u...,,,
Prior to the opinion OF Mr.. Harrlnl
ton on the school Code, represent
lives Of the Ave Special school distrie
, In Kent county. appeared before U
court and presented the budget pr
nared nv the several boards, IN antlt
nation Of the court carrying out u
provisions OF the Code. The distric
rsnresented with the grand total OF q
timated expenditures for the ensuh
year were as follows
SMYRNA CLAYTON consolidated distric
erand total. s3S,7s7
Dover special district. s36,oooSI.
caesar Rodney Consolidated Disiric
s3O.232 49,. ,,,
Harrington consolidated district vi
Milford special distdlct. sao,s56.6o.
County budget for rural districts
With the presenting OF the Alilfor
budget was a request 10 the Lev
Court that inasmuch as the three mem
hers 81 the Milford Board of Education
az annointed by Governor Townsend
we're an from the Sussex side, ana
,ho school was for both Kent and sus
sex pupils. that a chnmlttee Of thre
from The Kent side Of the district be ar
nointed 10 confer with the members q
The board from the Sussex slae as =
the school conditions, etc on the re,
ommendation Of Commissioner WOOD
ruff of the Tenth district lncludln
Milford. the court appointed iran
Reedv J. l.. Davis and ]. r. steWarl
10 confer with the three members 0
\ the School Board.