Evening journal., 1920-06-17
ARGUE LAW To
PAY ASSESSORS.
Sureme Court Hears APP
peal in Long-pendins Case
of Slower and White
COUNCIL VOTED
$500 FOR SERVICES
specIal lo The EyenIng Journal.

Special to The Evening Journal.
DOVER, June 1.-Two arguments
were heard yesterday before the SUI
preme Court. The FIRST case was that
OF Charles y. Scully, John p. OBrien,
Harry j. llogg and Harry T.. hosen-
helm, vs.. Automobile Finance Com
pany, and Delaware Central security
Company, Delaware corporations. and
Waller n. McENilly, et al. am ap-
peal from decision Of the chan
cellOr. Ward, Gray and Neary ap-
peared as counsel for Scully and
James J. Boyce' for the Automobile
Finance Company. George j. Ed
wards. OF Philadelphia, was admitted
TO assist in arguing the case for the
Automobile Finance Company.
The case was an appeal from ihe
decision " The chancellor in a bill
brought by Charles \. Scully and
other stockholders OF Automobile
Finance Company, 10 cancel all lhe
common stock OF the company on the
ground that the issuance thereof was
invalid The bill also seeks a reOr-
ganlzatiOn Of the company by the ap-
poinlmenl OF a receiver and The sale
OF common stock Scully and others
lost the case before the chancellor
The second case heard by The court
was that OF Mayor and Council Of
Wilmington, ct. al, VS.. Josiah %. VOL
cotL attorney general In relation TO
the Taxpayers League. This case
was also an appeal ease from the
chancellor and had been pending
since 1917, once having been heard.
The case was brought on a question
as TO whether a Wilmington ordinance
and an act OF the Legislature were
In. 10. .F uuIt.ln II LnTflnn y
the Constitution OF the state OF Della
ware aud whether an Appropriation
OF $500 by City Council OF Whining
ton 10 Weller H. Stoyer and William
II. White for making new assess
meut and assisting In installing the
new assessment system for Whining
ton was an appropriation for a public
purpose. Chancellor Curtis held tue
appropriation was not sanctioned by
law. The Supreme Court withheld
decision in the cases argued yester-
day,
In the courts sncs 1914, Is OF mucl
interest. City Council, on May IA,
1914. passed an ordinance 9ppropri-
ating $500 for the BOam OF ASSESS
ment as extra compensation for sorV-
los rendered in making the city as
sessment OF 1913.
on the following day. Attorney
Oasneral Josiah o. Wolcott on rela,
ton of the Taxpayers League, hled
an Information in The Court OF uhan-
, Gerry 10 restrain payment OF the
money. The chancellor IN February
1915. held that the ordinance was
/ invalid and ordered The 0dendants "a
answer on February "a, 1919.
The General Assembly passed an ao
on March 40, Cf that year, Naiidaunl
The ordinance and the case then cam
before the Chancellor on a claim Una
1.-THE ac. was unconstitutional IN
State Constitution prohibiting an,
city from appr0prlatng money 10 an.
person or corporation. ON feDruar'
/ 6 1917. the Chancellor held the ac
Unconstitutional and decreed That Mr.
Slower and Mr.. White should return
/ me $500 TO the city treasury with in
terest and pay the costs. on appeal
| the case was heard In Supreme Cour
In January, 1918 and in June th'
Judges unanimously sustained th.
/ Chancellor. The case was re-opened
however, and re-argued yesterday.