Evening journal., 1920-01-17
jail Warden Objects to Resgning Unless Trustees Quit With Him
EARLY TRIAL FOR SUSSEX
COUNTY MEN WHOHAD PART
nv WELLS DEMONSTRATION

oldH correspondent
GEORGETOWN. Jan. i7.-walter
Roach. a member OF Town Council
charged with disobeyng the vaccina-
tion order OF the State Board OF Health.
was dismissed by Magistrates Stewart
and Ryon sitting Jointly this morning.
on the contention OF James NJ. Tunnel.
counsel for the defendant. that the State
Board OF Health had no Jurisdiction un-
der the circumstances. Attorney-Gen-
eral Reinhardt who Is prosecuting the
cases announced that he would flle a
new complaint and order Roach rear
rested.
on motion OF Mr.. Relnhardt. the
charges against John Barr. local con-
tractor, and Thomas B. Pepper. a sur
veyor for whom warrants had been
sworn out In connection with the DEM
onslration against Chester II. Wells.
State health commissioner. last Tuesday
night, were nolle pressed. Mr.. Rein
hardt said he made this motion on the
ground that while he had some evi-
dence against the two men. his wit
nesses could not identify them as men
who. took part in the demonstration.
u Is said that Barr and Pepper went TO
the hotel as friends OF Mr.. Wells and
even the latter. it is understood, says
they gave him some friendly advice.
The Acknowledgement asked that a.
fast as the other men for whom war
rants have been sworn out, ip connec-
/ ton with the affair Tuesday night. are
arrested. that they be brough before the
magistrates and put under bail for
hearing next Saturday. He suggested
! 500 as the amount OF the bail.
The others for whom warrants are
said to have been Issued are Halsted p.
Layton, Councilman Waited Roach and
Joshua Collins. These men were not
brought before the Magistrate this
morning, as It Is understood all the
warrants had not been served.
When Mr.. Reinhardt suggested thai
these men. when arrested, bc held under
hail. John NJ. Richardson. counsel for
The defendants, objected 70 any bail.
He said they all live In Georgetown and
are well known, and that there was no
necessity for them 10 be placed under
bail. Magistrate Stewart agreed with
Mr.. Richardson, and told Mr.. Reinhardt
that he would appear for the men
when wanted The hearing In the
cases was then fixed for next saturday
at 10 o'clock.
! No announcement has been made by
Attorney-General Reinhadt this morn
inQ as 10 a successor for Daniel J.
Lavton. Jr. who esigned as deputy
attorney-general yesterday. Announce
ment that warrants had been issued for
the men specified was made yesterday
afternoon.
The hearing this morning, before the
/ two magistrates was held In the county
court room. The room was crowded,
many OF those present. coming from the
rural sections. Whichever the defense
made a point there was a great deal OF
applause, until 70 was stopped by the
I justices.
Mr.. Roach and Napoleon Bonaparie
/ Register, OF Lewes, were the defendants
az this mornings hearing. The latter
Is secretary Of the Lewes Board or
Health, member OF the Town Council
and also justice Of the peace He was
also charged with not obeying the state
Board Of Health order.
The Roach case was called first. Mr.
Reinhardt introduced In evidence the
order OF the state Board Of Health and
/ OF Mr.. Wells as an Official OF the State
board.
James NJ. Tunnel. representing the
defendant. did not offer any evidence.
but made his motion to dismiss the case.
He stated that Georgetown had a local
Board OF Health and that the State
statutes clearly state that the state
Board has no Jurisdiction in a district
where there is a-local board unless that
board refuses or neglects to perform its
duty. lie contended that there was
nothing TO show that the local board
had refused or neglected to perform lis
duty and therefore would ask that the
case be dismissed.
Mr.. Reinhardt replied that the State
Board has supreme power under the law
10 make rules and regulations TO stop
the spread OF contagious diseases.
Mr.. Reinhardt also pointed out that
he state Board order not only covers
Georgetown, but four or 1--WE hundreds.
and therefore, was a general order.
The two Justices immed atelv upheld
the contention OF The defense and dis
missed Mr.. Roach.
Mr.. Reinhardt asked permission IN
order 10 AVOID the extra expense and
time, to follow out the custom OF the
higher courts ard be allowed 70 re-
open the case in order 10 INTRODUCED
evidence 10 show that The SITE Board
Continued on Page Two.