Daily Republican., 1880-01-30
PROM YEsTEnLAYs LATE ED,r,o.
HAv MEAMAYORs Corp,..
what the city Charter Says-,,
Fee Charged for Lawy er's F., 'as y
the Case OF the PeR.nut ~. u
Clearly RIIegni, uei,

what the City CHARTER Ss,s
Fee Charged for Lawy er,s F., IN
the Case Of the Peanut Ys.a
Clearly Illegal. 0en
The general impression has boa.
the fee of SO charged on ,bs ,FI im IRa
fine and costs in the case of ,bs E.I E,lI q
fined by the Mayor on Wedpesd,, ,'ll'a
ming for selling pea nuts and fr1,,s "s
the streets, was Illegal. This, bonso %
appears not to have been the c,,a
shown in Section 81 of the Citv Cbs @
which was pointed out to us L- -'R m
Solicitor dacalister, when spoksr ", vIg
reference TO the matter. The sac,ia"a
ferred 20 reads as follows. 'H
Sec. 37,--The Solicitor Of H.. III
corporation, for the time being .Ms M
be, ex-oGicio, the prosecuting 6f7,o. 0.ai
the Mayors Court, provided l5a, WI a
Attorney General Of the stata h.s
have tho right to prosecute in rs,aa' ,ua
or by his deputy. The fee for al w
vice in any prosecution, whether ht W.
by indictment, or Information, Or ~
erwise, shall bs three dollars. VH'
II will be noticed, however. tlun.
fee charged Ia for appearing h. fora ~
Mayors Court, which IL an old ir,e,1
tion in Wilmington, and long ago 'a Ia
become obsolete. The question vi vii,
once recur TO the reader Are the L.,'
ings before the Mayor really the n.
or's Court as provided for In the ob,,
terY Hthis construction of the cb,r.
is correct, and the hearings before 4.
Mayor Is Mayors Court, then soooJ
ing to Sectien 3S Of the City Chars, h
could not have been legally conses
ted, for that section provides az follov'
Sec. 3S-The clerk of the CITY Can,
ell shall act as clerk of the mayor,,
court, and shall have the care cfH,
records Of the same, provided, that fl,
City Council shall have power to mai.
any other appointment to said oiIre,
Then again if the hearings before n,
Mayor constituted the Mayors CONT
not more than twenty-five cents con1
be charged for witness fees az tbs hi
lowing section will show:
Sec. 39--Ths fee for the attaBisp,.
Of witness In said court, provided n.
witness is an inhabitant Of said civ
shall be twenty-five cents per day.
all other cases, and for all Other a.,
vices, the fees shall be the sane "A Al,
provided for like services by Cl,o,,,
1875, Revised Statutes.
Sec. "a, Of the city charter say. "Tb.
Mayor and Alderman, and the pred.
lent of the City Council, or any tTo d
hem shall have power and AUTHORITY
% hold and keep court of record viii.
n the said city, by the name, style and
title of the Mayors Court for the civ
If Wilmington"
The Alderman's Office having BEEN
abolished by the Legislature, and
neither the President OF the City Coua.
~ nor the Clerk Of the same being
PRESENT at the hearing on Weduesdsy
light, there are grave doubts whether
t could be called Mayors Court.
lfa Mayors Court, then the three
Iollars charged for the City Solicitor
7as right, (provided a recent ordnancs
king his salary at $500, in lieu Of all
erquisites, does not cut him out Of
W but the charge Of fifty cents for wit
esses was wrong. II not a mayor;
ourt, then the charge of three dollars
'as wrong, and the charge fifty cents
'r witnesses was right.
Plainly to our mind there was 10
layor's court held, and the charge i
iree dollars for the City socicitor wa. y
leaal, but we will leave the question
efore the tribunal Of public opinion,
I'd for an investigation by the City
Ouncil.