Newark post., September 24, 1919, Page 7, Image 7

About Newark post. (Newark, Del.) 1910-1969

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111,111 1 1 I 1 1 1 1 11 1 ! I 11111 1 1 11 1 1 I 1111 111 r
nirm C nr TUP MfirUDADimnn
NEWS Or lHL NEIGHBORHOOD
::
I'
*
11 ' 1 " ' " I III
As told by Correspondents and Exchang
es
APPLETON 1
. Mrs. William Mathias,
JIr - '" ! i. Mrs. Olive Drennen
\i, and Mrs. Ella Mar
1. Pa., were recent anc
and Mrs. Robert
the
to
visited ;
vicinity on Sunday
„
!
P
T.eiiai"
Kw Kin u
row
Mr.
if
Matliid-.
Joseph's, Wilming
-Ilending a few' days
,,f her ]iarents Mr. and
Mr, William Brant. > ,
:i ,M Mrs. Bruner and Mr.
,,i Wilmington, Del,
nt iMr. E. E. Shrin
1 - ran
Mi 1 '
ton.
t till' laane
j
were
Denson
Siiinlay
er '•
Waller Sydnor, Robert
M and Elmer Minner
visitors at the home
Dav
were
Sillim
ml M muer.
,i Mrs. Leon Condon and
• Cowentown, Md.,
la v recently at the home
■■r Mathias.
1 lavis of new Mil
Del.,
,,f Nuiir
imai
WrüT
Mr.
Roads,
fnril * r "
friemls ii
: ! Ills
Grant is under the
suffffering from
.(>d by the explosion of
matoes. while canning.
! Mrs. Hiram Pierson and
Fannie Ograra
Clara, all of near
were entertained
;;; ent|v !,y Mr. and Mrs. Robert
ill mm
•are.
(li).'t'»r -
.
<i - r ""L a i , iîiÆ 1
\\,lt"m^on visitors.
A " Drapei StriLKersviue, j
Wednesday afternoon ot
X witb ^ essie Minner,
l iui \t Elk Mills
... .. tK . h( . fnrc midnieht 011 j
J' ir V " U thf"tow
? llmroimh at Elk !
p |.j:; 1 0 al extinguish- !
! volunteers ' A
mihoofl volunteers.
bin'll'. r;! '
a --iii'm '
Mr. mi
family ."'id Mrs.
am
1
p. Mutina-.
Mr.
VOIT l'lVO
Pa..
last " m
wereëxtineuish-!
1 volunteers A '
Mr the Sinireriv^
,'i.ut Sflrvie.es i'
d inflicted I
' f *3000 I
\ U J!ir,i„':
A "', tu- da linked
wax oacuy ua •
call va- 'lit in foi
Klkton ' tl 0 ' fi r e ? r F- ? '
,th a ..„„„ter from I
and inflicted I
Fir- 1 '
iv.iiuren.
Vi'l'e
lUlt'T
11 cause
(linuc.
mu t
and
J
. f • t |of
'.'n.' 1 ?"«! ? l 'r 6 !
i.i Mir Day, > ep 11 .. M .free
m . the attractions am a étions
y -ar surpasse« a ^ j „ j nient
lan-tor u com ng CP
. . lunder
,cinplate( improvi State
conung season wi j
1 ; better roads am ^
iu and about tie air
lieve
i m j i ; I -ci i i ig the island of Chineo- a j
ith the Virginia mainland
U tin- plan of Captain John Wheal
w! ich, if successful, will bring v j
tli- i-iilau-d island with its popula
f 7000 people within easy con
toudi of the peninsula. The bridge,
!' >' contemplated, will he thp
g and will be tmi
f marshes and small
' ' *
the
not
Fair i\' 1920 Opens
September 6
\- I -- ring last week the di-j
,r. of the State Fair Associa
ted -
vt-iir "
vious r • **> V« « s - p
!i indicate a bigger, better fair.
,f tir
'•Old
One
for the
COL
oiurlifare
ground-.
to Connect Chincoteague
With Mainland
I'nx
ti-aciio w
ton.
Wille
seven miles ion
over ;i series o
islands at
large amolli
now brought to the mainland by
boats, hut which could then he
trucks, it is thought
> of $1 toll for each
a heavy cost,
it of freight which is
brought by
that a chargf
truck would make the bridge a pay
Chincoteague
has
'
proposition.
hundreds of carloads of
mg
sends out ____
fi-li and oysters everj r year, and the
income from that one source would
siderable, not taking into
account the freight to be sent in or
the lmndreds of tourists who would
probably visit this quaint old
land. The money to build the
« about all been subscribed
be eon
is
bridge lias
by people who live in that section,
and bids for the construction work
will In- asked for in a few days.
S: - m -T- Building New State
House
• Townsend has received
a letter from former Representa
Legislature Henry D.
Down .ard, of Wilmington, urging
him to erect a new State House
near tie railroad station instead of
on the pres
Mr. Downward
! hut by adding $75,000 to
tin- s!l>').ooo the commission -
dee id- -I j to spend on the old build
in:'. and hy spending $200.000 a
year I'm- a period of five years, a
modern building after the archi
t"'-: nral stvie of the National Capi
tol. which would reflect credit to
the Stan- could he erected.
.Mr. Downward suggests also m
State
Dovernoi
tive
spending a large sum
mit State House.
- bis letter that the present
,
" I III Ml 11 111 1 »WM
House be , „ade i,,to an office build-j but
" 1 10 Highway Commission,-'legislation
ICommission, State Board of the
e ? a T 1 ^ oar ^ Education ! each
anc * 1 ublic Library.
_ -
HJLL TEXT OF DECI- I
SION DECLARING CODE [with
CONSTITUTIONAL
not
Judges Discuss Six Point. Rais
Iw • a i
by U PP° ne n t s m Argu- lot
ments and Briefs for
The following is the full text of il','"
the decision submitted last Tuesday f.°J[
to Governor Townsend by the State ! 1S
Judiciary, declaring the new school'-?!
Code constitutional :
Wilmington, Del Sent 17 1110 ! ,
Hon. John G. Townsend ' Jr' Gov! •
ernor. ' jtive
st: In execution of the purpose !
indicated in our letter to von of j "
; September 3, 1919, we sat in Dover!*
ou September 12 to "ive to anv at-i 1V
torney the opportunity to be heard !
„ j , , 11 . v to
and heard arguments for and a
! • . ,, L . .. .' ;
gainst the constitutionality of the -
P- v- imwimiumiiu^ wl tin ! i
!
I
j
recent legislation called the School
Code, made by several of the able
lawyers of the State, and have]
carefully _ considered the subject j
matter laid before us, and herein i
submit our views and conclusion.
1 he act in (jnestion was passed
pursuant to the mandate contained ;
1 ? S T- ,i0 " ' ot X « f th'
C „„ sl , ut ,° n .
j To he constitutional it must have j j
beeil o- Pnera ]_ Tr> he generad it i
must provide for free public schools !f
for all of the children of the State, j
a general law providing for the
j establishment and maintenance of
" systpm ' u,liform or otherwise, of
! free puhllc schools and made up -1
! pllcable to ® very sch ° o1 district, !
A |t«wn or city, incorporated or other
Awithout the i>nnspnt and even
! T
p,loable to every sch ° o1 district, '
A ' t0Wn or Clty ' »neorporated or other- !
wise ' wlthout tll(> consent and evenly
i' aff . alnst the w dl Of such school dis- j
I this f ' 0I isitutional mandate. Such |
I a >i ^ would overrule and annul
the provisions relating to free pub
lic wliools contained in acts relat
|ljng to free public schools contained ,
? ' triot ' town or city , would if prop- j
I erly enactp d be a val 'd exercise of 1
I thls f ' 01,sin, tional mandate. Such j
lan act would overrule and annul
|ljng to free public schools contained , ^nd
in acts relating to school district. ; a n
incorporated and unincorporated., t ] ie
and to incorporated Boards of Edu-! ti,e
cation. Such bodies whether in- !
corporated or not are mere agencies j
|of the State for executing the gov-!the
! emmental function of providing the
.free schools. No contractual rela
étions arose either from the enact-'-hy
j nient of their charters and the ac
CP ptancc thereof and action there- : p„
lunder or otherwise. Therefore, the (
State in the exercise of this govern -
j mental function can at any time P
choose new agencies to carry out | an
p U h]j c purpose, whether such j
agents he bodies corporate created [hy
l)>efore or after the adoption of the j
Constitution of 1897. Such we he- 0
lieve arc general princiuels applic-1
a j dp to the act under consideration, hy
The validity of said act lias heen| s
stacked on the following grounds, j or
v j Z;
^ Because it did not receive the
con è urrence 0 f two-thirds of all the
mpm hers elected to each House ofjeept.
thp Q enera ] Assembly. j
^ Because it requires the assess- g
mpnt and collection of capitation 1
taxes that will not he uniform in
the county in which they are to he
levied, and property taxes that will ,
not he uniform in the territorial P
limits of the authority levying the
same. .
4. Because it impairs the obliga
tion of contracts by changing,
lessenening and taking awax the
security of the -holders of school
bonds without their consent.
5. Because it requires the collec
tion of taxes based upon an assess
ment from which the taxables arc
given no right of appeal or op pot
tunity to correct mistakes, thereby
depriving them of their property
without due process of law.
6. Because it treats of two sub
jects, only one of which is expressed
in the title.
There may have been one or awo
other specific objections made. bW.
they were covered in the discussion
„f the grounds stated. '
Oar eontilusions are these.
cs . i r trb.f« in this State,
1. School m tiin -,
created by special acts ot ihr - ,
lature, and the districts
created by the act m q«« 1 *' Lj
.not acts of incorporation "! I
has f bp meaning of Section , are
' IX, of the Constitution. Hi j
neither P r ' v "J e "''T ^'"e-uiVdl'd as
porations, but may - rww
public quasi corporations. C
McIntyre, 7 Houst, 44 (K» - ; r
are not separate. 1 . 1,dppp . j^teg-'
permanent corporation., a]
or
a
is
D.
of
to
a
a
to
m
I for tile purpose of perfecting such !
-system^ancl making the administra
St aw kTtLZrt
'Assembly is t,ntd hv \£f, * X ^
to nrov dl fn 1 4 ,u 1 1S
, P rov .ide toi the establishment : duty
i"fflèicnî''^n,''' , nf' t ,!l,0?' < ' r, i 'f, f
but there is no retirement that
thereunder shall have
the concurrence of two-thirds of
! each House. It is entirely com- Hhe
jpetent for the Legislature, in pro
viding for such a system of public
I schools, to create school districts
[with certain corporate powers, but
tbey arp P arts system and
not such independent educational
Ä" ThW
i , h R 1 1 n * drt a fmuciex
lot the State Government, created
for the purpose of aiding in carry
of il','" °- lp ! bc re( l u * r ® mer| t s °f * be
f.°J[ ls * d ' n * u,n respecting the estah- p
! 1S i," ent , a , maintenance °f a i
school'-?! )1C j Seho °, and 111 , ay I 50 1
filtered or abolished by the Legis- j
! , ur » an - v f ' mc - must,
• erefore > assuiue that aJ W legisla
jtive act that constitutes a part °I j m
! tin* pronei-cil system of public schools, i ty
of j " c | n . din " aets incorporating school
1StrUtS ' ai V X Hoards of Education,ding
at-i 1V ' l ! m T s ol i yt !f eoncurrenca ° a |on
! l^T ? "" th ™ b , er t s . e ect . e !Ï
to each House?- Said Article IN
a- i , . , .. , !.>
may embrace certain educational
the - , W .• , , •
tin ! i itsit]tutmnw hnt »f nan ni» vo mit h mo* 1 .
it
'the
! institutions, hut it ean have nothing t
I " (1 " with the establishment and
j maintenance of a general system of |
{.public schools fully provided for
j «üd maiR nmnd^ton 1 on 't'hë'Üegîs- ,.
i ature bv Article X of the Consti- .
ifution, which is independent and:
eoniplçte in itself i
; 9 tu mmstimi 1*4 not a !
th' ,Mutton of l 0 ,.iil,tivc power
,„v »chool district. Such districts
j j ) 0 j n „. ,, ar m 0 p ,j, e State Govern
it i ,,„,,, 1 ' created hv the' Legislature
!f or odueation. or public school pur
j p 0SPS( the power given to them hv
the the Code to accept its provisions,
of is an exercise of power by agencies
of of the State and not a delegation
up -1 of legislative power within the
! „mailing of the case of Rice vs.
Foster, 4 Harr. 479, relied upon
even i... .1.mi.«
! T
.
' tnPanin g of the case of Rice vs.
! Foster, 4 Harr. 479, relied upon
evenly the contestants. The power
dis- j given by Section 121 to certain
not a submission of the right to
Such | Jefonuine whether it shall he a
annul || aw> hut the granting of an option
pub- ta accept the law already in force
relat- arid effective as to all districts,
prop- j school districts to accept the Code
of 1 j s not a submission of the right to
Such j Jetermine whether it shall he a
annul j aw hut the granting of an option
arid effective as to all districts,
^nd that is the test recognized by
a n authorities, if the existence of
t ] ie | aw depends upon the vote'of
ti,e people, or the will of one man
even, it is an unconstitutional dole-j
gatioii 0 f legislative power : hut if I and
law is complete in and of itself,
the fact that it provides for an ae
jeeptam-e of any of its provisions
certain State agencies does not
make it a delegation of legislatives
: p„ WP r and, therefore, invalid. This the
( principle is applicable to the Actjor
umlei'consideration. To hold oth- the
P nvise would overlook the import
| an f element of the Act hereinbefore
j indicated, viz; that it establishes
[hy sweeping general provisions a
j new general system of government lie
0 f a n of the free schools of the
State, whether it he accepted or not
hy any one, or all, or none, of the
s êhool districts, school committees,
j or hoards of education: and that it
[stands as the law relating to such
.schools independent of such ac
jeeptanee, rejection or failure to ac
ofjeept.
j There can he no doubt that the
g c h 00 ] Code was in force and op
1 erat ; on before any acceptance of
provisions hy any district.
an d County Boards of Edu
, ea ^} on were created by the Act and
P i 0 thed with certain powers and
dut j ps co-extensive with the State
or county and operative from June
30 of the present year whether its
(provisions were accepted or not. In
it revolutionized the public
^ taxes
thereunder would not he uniform,
" e F on stitution provides that the
€a pitation shall be uniform through
ou t the county, and requires that
h fax shall not be less than three
d() , lars nor more than six dollars
annually. We are unable to sec
t j mt t he requirement, of the statute
bW. affects in any wise the uniformity
()f thp capitation tax. It may he
t.niforra » far as anyth..« nt (hr
Code is eoneerned.
tion also provides that all taxis
-, be „„iforrn upon the same
, £ subjects within the terri
limks of the authority levy
the same,'' and it is contended
"! I h ? it „roperëy taxes could not,
are -under the act, he uniform within
j the territoria i limits of the authon
as [.tv levying the same-wh.ch means
the county. . , .
w , y th ink the words "within
; r l tll e territorial limits levying the
same," means the school district m
a] w hich the taxes are to he used : and
.. . Co, "' t ,s ' n
a sense
vsehool system of the State, and its
existence required the approval of
no one.
3. The Act is not invalid because
assessed and collected
statutory provision, merely the! Dix
agent, or machinery, through which
Tï ^ T ia % le r, d and ? ur
^ ' Th e Levy Court has no, her
1 1S f retl0n 111 ?! matter , a a11 ' t K> l? P ,
: duty is mandatory and must be
f , f, ' l 'l" dis, ','" > 1 '"' 1
ftmiform taîhc
,school district, and that in our
[opinion would be a compliance with 1
Hhe constitutional requirement.
, ,
was made for county purposes, for
countv taxes, and under the law
any taxable has an opportunity to
.make complaint to the Assessor,
p >()a rd of Assessment, and Levy
a i Court for the remedying of any
1 wrongs, or the correction of any
j errors iu the assessment. If the
same assessment is used as the basis
for seh ool taxes , there ean be no
j m ore reason for another opportuni
i ty f or complaint and correction
than there would be before the levy
of another county tax based
a |on the same assessment. The gen
!Ï ?ral assessment continues for four
«,,hWt »nnmil revision
, !.> oars ' sunjeer to annual revision,
....a n , u ,f ptl apntint that more
dim u • lB ,i0 ' essential mai more
1 . i • i ^ o _i
4. The Act is not invalid because'I
it provides for the- collection of
taxes based upon a county assess
ment previously made, and from
which no right of appeal is given in
'the Act. The assessment upon
j'which the school taxes are based
s not essential that more
t j ian onp r ij,i, t 0 f appeal
p]aiut> shnu ] d } )e „iven no matter
of | wliat may he the nature of the tax.
T j ie i mp( ; rta , lt thing is the right ami
[(Opportunity to he heard as to the
assessment.
,.
.
and: rn
i *' 1P act " oes ,10 ^ divest vested
a ! rights or impair the obligation of
«„tract» within tho ,nrnni„ s of the
federal Constitution. No «Minty
IS taken from the owner of school
b° n( Is that he held or-enjoyed be
f° re the passage of the code. The
hv [property of the district, which eon
|stituted his security when the bonds
Dv p re issued remains the same and
his right to enforce the collection of
the principal or interest when due may
vs. \be enforced V appropriate action
m the courts of the State. 1 lie new
districts created under tj^ code ex
pressly assume all the obligations
of the old, and the only change tliat
could affect the bondholder at all
would be in the remedy for the col
lection of his debt. There could he
110 deprivation or lessening of his
contractual rights, the obligations
.
vs.
to
a
force
Code
to
a
contractual rights, the obligations
would remain unimpaired.
fi. The act does not treat of two
subjects within the meaning of the
Constitution. If does treat in a
general way of the care, training
and education of dependent eliil
dron brought into this State, and
while this i.s a subject that may
seem to he not closely related to the
subject of free public schools em
braced in the title, we do not think
the one subject is so incongruous
foreign to the other as to make
the act invalid. In no law, per
Imps, could the training and edu
cation of such children be more ap
ropriately treated of them in an act
providing for a system of free pub
lie schools for the State.
It may not he necessary to state
the limit of our duty, or power, in
replying to your communication,
hut lest there may he some persons
who have a mistaken notion of our
duty we will say that the only thing
we are called upon to do, and the
only thing we can properly do
under the law, is to express to you
our opinion upon the constitution
ality of the School Code.
In conclusion we say, that after
the most thorough and careful ex
amination, we liave been able to
give your question in the time we
thought was proper under the cir
cumstances, we are of the opinion
that the law known as the School
Code is constitutional and valid.
Yours respectfully,
sec
he
(hr
not,
.
the
m
and
of
(Signed)
CHARLES M. CURTIS, .
Chancellor.
JAMES PENNEWILL,
Chief Justice.
WILLIAM H. BOYCE,
Associate Judge. ,
HENRY C. CONRAD,
Associate Judge.
HERBERT L. RICE,
Associate Judge.
T. B. HETSEL,
Associate Judge.
One reason for high prices is that
some who made exorbitant 'profits
in the war period want to continue
to live in the luxury to which they
were accustomed while others were
— St. Louis Post-Demo
fighting.
crat.
Many Demobilization
Centers Closed
Under orders announced hy the
department last "Wednesday
closing many of the demobilization
«amps throughout the county, ( amp
wa r
Dix will become the center for re - 1
eeiving all American troops now in
? ur T V returil - aft 7
her id. The returning forces will
l? P , ÎTf?. hm ", f ™ m the P° rts of
Philadelphia and New \ ork.
1 Four other demoWization center»
Ime/are"'Smp'oSa'i
Camp Pike Arkansas- Camn
1 P ' 88 ' Camp '
Do you know
that Our Shop
is Equipped to
print everything
from the finest
book to the
humblest name
card ?
zAsk our price on
any Printing or En
graving you want done
and examine the work
manship done by'
Craftsmen at
• THE UNIVERSAL CAB
The Ford One Ton Truck may well be
classed as an agricultural necessity,
wants on the
it
fits into and fills so many
It is a reliable bearer of farm
burdens, not only doing
work of several
farm.
The the
Farmer's
Truck
and
quicker
horses
better than the horse,
a
eat its
and does not
head off
when not
farmer has
The aggressive
working.
pnly to consider the possibilities of the
Ford truck and he is ready to buy one.
We judge this to be so from the way
farmers are buying them. Truck Chassis
$550 f. o. b. Detroit.
FADER MOTOR CO., Inc.
Newark, Delaware
Phone 180
1 Dodge, Iowa, and Camp Presidio,
California The soldiers eomin.r
IÄ EÏe Sï dSS
utod to these centers from Camp
Dix for discharge, while all eastern
...pi i.„ ,i; sp i... r „ (1 ,i i,
,mmg the pastor,, camps closed as
.SÏSS raSilKMerriS;
Fnton Meide and Devins
' X pton ' Moade and De ' ans *
A-