Smyrna times., 1953-03-12
LETTERS
To the Editor
Smyrna, Delaware
March 8, 1858


Smyrna, Delaware
Attention: Mr.. K. ID. Smith
Dear Mr.. Smith:
In view of the fact that Mr.
George R. Stevenson's letter to the
Smyrna Times under date of Feb
ruary 28th which was published in
your paper on March 5th, 1858 was
apparently directed at the writer.
I would appreciate your courtesy
in publishing this reply so that the
citizens of Smyrna might have a
better understanding of the Duties
and Powers of Alderman and my
action in attempting to postpone
the immediate appointment of Mr..
Stevenson as Alderman until the
higher courts have made decision
in the Earl Levi Ransom case.
AS Secretary of the Council, at
that time, this case was brought
to my attention by the arresting
officer during the week of Febru-
ary End. The officer seemed to be
very much concerned over the One
Hundred And Sixty Dollars ($160)
Fine and the Sixty (60) Day Jail
sentence imposed against Earl L.
Ransom in default of fine. After
reviewing the case with the officer,
the writer realized that the Town
Alderman was an appointed officer
of the town, that the town was
jointly liable for his actions as an
officer; and, Furthermore, that
there was serious charge for liza
BILE against the town in the event
the Alderman had exceeded his
powers. I recommended that the
officer again plead with the Alder
man to reopen the case. The
officer advised me later that he did
this and that the matter was dis
missed by the Alderman with un-
prantable words.
On Friday, February 18th the
Alderman. George r.. Stevenson,
filed his name as a candidate for
Mayor. If the writer had brought
this case to the attention of the
public between February 18th and
the town election on February
23rd, am sure that many citizens
would have misinterpreted my ac-
tion. Consequently, on the day
after election, February oath, 1858,
as Secretary of Council I called
the towns attorney, Mr.. c. L, Har-
monson, and asked for his inter
probation of the Duties and Pow
ers of Alderman under our present
Charter. The following is copy
of the letter received from Mr..
Harmonson which the writer read
to Council at their organization
meeting on Tuesday evening, Feb
ruary oath:
February "a, 1858
Mr.. j. E. Wilson, Jr., Secretary
Smyrna Town Council
SMYRNA. Delaware
Dear Sir:
In confirmation of my telephone
opinion to you today, when you in
quired whether the limits placed
by the present Town charter on
the fines and penalties which the
Alderman may properly impose
under the provisions of the present
wording were limited to maximum
fines of $100. and maximum sent
ence of five (5) days, it does ap-
pear that such limits are binding
as the charter is now worded and
that the charter would have to be
amended to increase such max
imum limits.
There is previous provision of
the same section of the charter
whereby the alderman has powers
of Justice of the Peace, but the
later part of the same section Gre
ates maximum fines and Jail sent
ences which may be imposed, in the
exercise of such powers.
1T is my impression that the pro-
posed revision of the Town charter
contains tentative increase of such
limits, but since you phoned this
afternoon I have not had time to
confirm the details, having been
engaged the rest of the afternoon
with other matters for which had
made engagements.
I will be glad to go over this
proposed section with the Mayor