Evening journal., 1922-03-11

'lOr lacked jurisdiction IN the
nse. The other was that persons
no we're qualified to vote within
he meaning Of the School Law were
I Inly those persons who not only
ossessed the qualifications as to
lee. residence. etc, prescribed In
rticie 8 OF the Constitution OF tho
hate. but who in addition hal been
ulv registered as voters provided
,r by said Article 3 OF the Constitu-
ON. II was alleged by Colonel Nc
omb that at a special election in
iaymont District III votes were
rrtifed as cast in favor OF m addi-
= onal tax. and that 81 votes were
20 against the tax. II was com
ned i'm the bill fled in the so.
at IS of the III votes for the tax
ere Illegal votes because they were
d 50 by persons who were not reg
cred voters" which under his
ontention made a majority against
e tax. instead Of a majority .or 30
certified. Chancellor Wolcot
pnsidcred the latter question first
preparing his opinion.
The Chancellor notes the absence
cited cases on tha point raised
IN relies upon the language )f the
1 ool law. and OF Article of the
&,nstitution In reasoning out at
agth the question raised. and sum
"A iizes his conclusion as follows:
Z Il hold that a qualified voter
thin the meaning of the school law
'hapter i6O. Volume 80, Laws Of
q fTnWfafa
I'd voter under the constitution
hd laws Of this state.
The seventy-eight voters who are
d not 10 have been qualified to
.e al the school election at Clay
ont. having no specialization 9TH
than the alleged one OF not be-
2 registered. were entitled. there
re-. to have their votes counted
MIS- being so. the motion TO dis
areo the rule should be granted
a the demurrer t. the bill should
sustained"
AS TO the question raised OF his
risdicion. Chancellor Wolcott dis
.ses the point az length. quoting
e veral decisions In the State
IINFNNNNR QUIT MNNiFMNfM II NANA AENA-
! pms Of previous Chancellors. and
includes:
"I need not discuss this point
rther. II Is very clear 10 me thai
argument advanced cannot serve
attach TO the school tax assessed
feature OF a lien There be-
& no lien created by the law upon
<@| - 90 thr .or,rr claimant for IN
n In question there can be nc
iestion Of a cloud on his title. or
btu grounds urged 10y the defendant
s o motion TO discharge the rule
<@ ould be granted nd the demurrer
1 ould be sustain I'd
Chancellor Wolcott's decision is as
lows:
|{4 In the Court OF Chancery OF the
ate Of Delaware. in and for New
r astle County
<.3 AMES G.. McCOMB. a citizen and
'.& taxpayer Of the Claymont Spec cia'
school District. in Brandywin'
Hundred. New Castle County and
State of Delaware,
~ VS..
Isl LILLIAN G. ROBELEN. WILLIAM
W S. HAIGH. ROBERT c. Nc
FALLS. members of the Board o
W Education Of the Claymont Spe
cial school District in Brandywin'
. Hundred. New Castle County an'
Is, State Of Delaware and WILLIAM
| H. DUTTON. specially appointed
collector for the School Tax OF th'
Claymont Special School Distric
in Brandywine Hundred. New Gas
I tie County and State Of Delaware
III Injunction Bill The complainan
|z eks 10 restrain the collection Of
| sought 20 be levied and collecte,
z|, nder the provisions OF Section 81
[<< napter 16O. Volume 32. Laws %
~ elaware. being the general schoo
W of the State on the filing OF tn
III n rule was issued 10 show causl
|'<f ny preliminary injunction~shoul'
7 bt issue The defendants moved q
scharge the rule and at the SAM
me demurred 10 the bill. Tho caus
as heard on the motion and de
urrcr. both OF which raised th
mo question Of law.
Thomas r. Bayard and perc,
E' arren Green. for the complainant
Robert II. Richards. for the de
ndants.
The Chancellor: That portion o
ction 81. Chapter 100. Volume 3.
ws Of Delaware. under which tn
.[1 * n question is sought to be sus
(<@ ned. Us as follows.
section "a. Any school Distric
II ssfm mH nn
ihlic Schools In the city of Wi
nrton may. I'm addition 10 IN
mounts apporioned TO it by IN
&. ate Board Of Education, levy an
s>. lect additional taxes for sch0S
ri. rposes upon the assessed value {
ISL al estate and personal property !
], ch district. as determined and iiNc
I< county taxation purposes.
81 & Before such tax Is levied. sps
~ al election shall be held az th
}Is ual place or places for holdin
lool elections in tho school dii
ct. Notice shall be given for sue
oction by notices posted on m
or Of the school house whore sue
ection IS to he held. az least te
.i'. VS. before the day OF holding sue
ection and by such advertisemei
s. n newspapers of the district
IN unity as. in the judgment Of tr
{ 1';'.< bard Of the district, will give mott,
; .S the voters OF such election. I
'I' ch notice. the amount TO he raise
q the purposes Of raising the san
an he stated. At such electio
cry person qualified 10 vote at n
hool election in the district sha
3(< qualified to vote"
An election to decide whether q
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