Wilmington daily commercial., 1876-07-28
LOCAL NEWS.
CIIy Warrants Illegal.

HAS NO RIGHT To ExPEND MORE THAN
1926, 900 ON THE NEW RESERVOIR.
The Law Committee of Council which |
hal been instructed to prepare an ordi-
nance directing the issue of warral ts in
payment of labor, that work might be con-
tinued on Cool Spring Reservoir, reported
to that body, last evening. that it was un-
able to prepare such an ordinance, but sub
mitted an opinion of the City Solicitor in
reference thereunto, and reported an ordi-
nance taking the reservoir work out of the
hands of tho Water Committee. The fol-
lowing is the opinion of the City Solicitor
in full:
WILMINGToN, DEL, July 81.
Il II Taylor Esq, Chairman LG,o Com
mittee GUY Council:
DEAR SIR In response to your inquiry
whether the City Council has the authority
to direct the drawing of warrants on the
City Treasurer for the completion of Cool
Spring Reservoir and the relief of the work
ingmen, it is my duty, as Solicitor, to dis
cuss not the necessities Of the case or the
policy and expediency of any ordinance or
resolution before Council but the law bear
ing upon and the authority of Council in
taking action thereon. To this duty l shall
confne myself.
The City Charter (Sec. SD provides that
the funded debt Of the CITY, beng equal to
the sum limited by the Legislature, shall
not be increased at the will of Council, but
only as authorized by the act of the Legis-
lature, and that the ordinary debts and liza
billties of the city shall be paid out of the
taxes, rents or receipts OF the year for the
time then current, and if the said debts aud
liabilities shall not be 30 paid the members
of Council present when the ordinance,
order or proceeding under which the debt
or liability arises is passed who do not vote
against it become personally responsible.
| The only exception to this is (section 52) in
case of injury or loss to the City Hall or
water works by calamity or casualty tenn
porary loan may be effected by Council,
with the concurrence of two thirds of all
the MEMBERS to replace or repair the prop
erty injured.
No money shall be paid from the treasury
/ unless the same shall have been appropri-
ated by the City Council at the first stated
meeting in January and specified and ar
| r inged under the heads or items designated
| in the estimate of the probable revenue
and expenses of the city for the ensuing
| year, made the preceding November, and
| the City Treasurer is liable to tine OF
| $780,, and he and his sureties are liable for
any money paid by him out Of the treasury
contrary to this provision. II an eXtraor-
dinary occasion occur, the appropriations so
made may be increased by two-thirds vote
of all the members Of Council. (Sections
46.8.)
The act Of the General Assembly entitled
ga further supplement to the act entitled
IAN act to limit the city debt of Wilmington
and to provide for the--discharge thereof, "
passed April 9Th, 1873 and the additional
supplement thereto passed March 1st, 1875,
authorized and empowered the Mayor and
Council of Wilmington, under an ordinance
of the City Council, to borrow sum or
sums of money not exceeding in the aggre-
gate 1926 900, in addition to the present
funded debt of the city, for new water
reservoir, and for improving the water
works of the city,and for certain other pur-
poses in said acts mentioned.
Pursuant to said acts OF the General As
sembly and ordinances of the City Council
passed July 3Oth, 1870 and May 7th, 1875,
the full amount of 1926, 900 has been bor-
rowed on the faith and credit Of the city
for the construction of Cool Spring Reser-
voir. When this amount shall have been
expended, the City Council will be without
authority, except by act Of the Legislature
hereafter to be obtained, to increase the
funded debt of the city for the construc
tion and completion Of Cool Spring Reser.
voir and the work provided for in said acts
of Assembly. The issuing Of bonds, war
rants or whatever mode may be resorted tC
to increase the said debt of the city, with
: out authority from the Legislature, is il
direct violation Of the express provisions O.
the City charter above referred to.
For these reasons, to me conclusive, with
out adverting to others, am of the opinion
, that City Council cannot, without authorit.
from the Legislature, legally direct b.
, ordinance, or otherwise, the drawing o
warrants on the City Treasurer whereof.
s the funded debt of the city will be in
+ creased.
+ AS to the authority OF Council in genera
+ to make orders or warrants issued on tn
City Treasurer, and in particular when b.
act of the Legislature the funded debt o
the city may be increased, / beg leave tt
refer to the able opinion of w. g. Spruance
Esq, when City Solicitor, under date 0
Nov. 9th, 1873.
WALTER CUMMINs,
City Solicitor.
Mr.. Taylor moved the adoption of the re
port, and MIR. Farrell moved to amend b
= simply accepting it. This gave the latte
gentleman an opportunity (not general
needed) to deliver himself of speech, il
which he insisted that this is an extraord
nary occasion and ways might be devised t
continue the work upon the reservoir il de
s sired. To adopt the report would be, h
claimed, to throw away all opportunity t
raise money for this work and he furthe
remarked that Council was not bound to b
0 guided by the opinion of the City Solicitor
=. The report was adopted, Mr.. Farrell
amendment not obtaining second, and tb
I vote Of that gentleman was alone recorde
in the negative.
This will probably end the matter. Ur
der this opinion Council is unable in an
way to raise money to prosecute the worl
, and after it shall have expended the 81, 90
: now in bank to the credit of the reservo
fund, it will be powerless to act further Ill
til the Legislature shall authorize a ne
= loan. One way out of the preser
difficulty is to put the work out at contrac