CHAPTER 233

APPROPRIATION

TO FORMER MEMBERS OF THE DEPARTMENT OF ELECTIONS

FOR NEW CASTLE COUNTY, IN PAYMENT

OF SERVICES RENDERED

AN ACT APPROPRIATING MONEY TO SIGMUND SCHORR, LEROY F. HAWKE, JOHN F. NEWELL, THOMAS COOCH, LELAND WILDS, LEON IL RYAN, WILLIAM K. PENNINGTON, JAMES E. BROWN, JAMES L. BROWN, AND JOHN W. FOREMAN, IN PAYMENT OF SERVICES RENDERED BY THEM FOR ACTING AS MEMBERS OF THE DEPARTMENT OF ELECTIONS FOR NEW CASTLE COUNTY.

WHEREAS, by an Act approved April 4, 1947, (46 Laws of Delaware, Chapter 182), there was purported to be established a Department of Elections for New Castle County to be composed of eleven members and to have jurisdiction over all matters and things then vested in the then existing Department of Elections for New Castle County; and

WHEREAS, said Act provided that each of said members was to receive as compensation for his services a salary of $750.00 per annum; and

WHEREAS, pursuant to said Act, the Governor of the State of Delaware did, on June 26, 1947, appoint and issue commissions to Sigmund Schorr, Leroy F. Hawke, John F. Newell, Thomas Cooch, Leland Wilds, Leon H. Ryan, William K. Pennington, James E. Brown, James L. Brown, John W. Foreman, each of whom thereafter took the Constitutional oath of office as a member of said Department of Elections for New Castle County, which said oaths are now on file with the Clerk of the Peace, New Castle County, Court House, Wilmington, Delaware; and

WHEREAS, said appointees, having been appointed and qualified to their respective offices as aforesaid, did organize said Department of Elections for New Castle County on July 8, 1947; and

WHEREAS, there was instituted in the Superior Court of the State of Delaware on July 11, 1947, an action entitled "The State of Delaware upon the relation of Albert W. James, Attorney General v. Sigmund Schorr, Lawrence Hawke, John F. Newell, Thomas Cooch, Leland Wilds, Leon H. Ryan, William K. Pennington, James E. Brown, James L. Brown, John W. Foreman, and Walter G. Tatnall," said action being Number 192 to the May term 1947 in said court, the gist of which was that said Act violated the Constitution of the State of Delaware and that the persons appointed pursuant to said Act had no authority to hold the offices; and

WHEREAS, the said Superior Court, pursuant to a Mandate of the Supreme Court of the State of Delaware, entered an order on February 21, 1949, declaring in effect that said Act did in fact violate the provisions of the Constitution of the State of Delaware and the persons appointed pursuant to said Act did in fact have no authority to hold said offices; and

WHEREAS, said, Walter G. Tatnall, now deceased, was a member of the Department of Elections for New Castle County which existed prior to the enactment of said Act; and

WHEREAS, the other members of the Department of Elections for New Castle County appointed pursuant to said Act served as members of the Department of Elections for New Castle County and performed the duties of that office as provided in said Act; and

WHEREAS, said other members of said Department of Elections for New Castle County have not been compensated for their services in any amount; NOW, THEREFORE,

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Thomas Cooch, Leland Wilds, Leon H. Ryan, William K. Pennington, James E. Brown James L. Brown, and John W. Foreman, in payment for their services rendered as members of the Department of Elections for New Castle County from July 8, 1947, to December 31, 1948.

Section 2. This bill shall be known as a Supplementary Appropriation Bill and the funds hereby appropriated, to-wit the total sum of $11,083.40, shall be paid out of the General Funds of the State Treasury not otherwise appropriated.

Approved June 8, 1949.