The daily gazette., 1880-07-16
The City Law Business.
THE STATUS OF MUNICIPAL. LITIGATION
THE SOLICITORS RECOMMENDATIONS.

GENTLEMEN-I have the honor to
submit the following report Of cases In
my charge for the year ending July q,
1880:
James Megary, d. b. a., vs.. The Mayor
and Council If Wilmington, p. b. r. No
vember term, 1878.
An appeal TO the Supreme Court from
judgment against the appellant for vio-
latlng the city ordinance against keeping
disorderly house. The case will pro-
badly be tried before the next term OF
court.
John Bowers, d. b. a., vs.. The Mayor
and Council of Wilmington. NIvem-
ber. term, 1877. This case Is similar to
the above.
James M. Williams vs.. Edmund Pro
vost, Collector. November term, 1879.
This is all action of RepIevin for pro
perty taken by the collector in payment
for taxes, due by Wesleyan Female
College.
John Tweed, d. b. a., vs., The Mayor
and Council of of Wilmington. May
term, 1880.
An appeal from the judgment of the
mayor upon the charge OF violating city
ordiran
VIM. Ruth, d. b. a., VS.. The Mayor
and Council of Wilmington. May term,
1880. Case similar TO the one just men,
toned.
Angelic CardinellO, d. b. a., VS.. The
MAJ or and Council of Wilmington. May
term, 1880. An appeal from the judgment
of the mayor for violating the city
ordinance.
The Mayor and Council of Whining
con VS.. Philip Lynch. May term, 1880.
An action brought by the city to recover
damages for taking stone belonging to
the city; will probably be tried at next
term OF court.
Council of Wilmington. In Chancery.
Case Is now a. issue.
Wm. e. Smyth VS.. The Mayor and
Council Of Wilmington. In Charcery. A
bill recently filed to erjoin the city from
collecting any ass ssment against conf
pla inant for:.his proportion of expense OF
paving the bed Of Van Buren street. No
d, cision has been announced.
The following cases have been dispos-
ed OF since last report, viz:
Eliza Harris and Mary Harris vs.. The
Mayor and Council of Wilmington. May
term, 1878. Case discontinued by plain
tiffs, who will pay costs.
William A. Murphey ct al, vs.. The
Mayor and Council of Wilmington, ct al.
In Court of Errors and Appeals. In this
case the court, at the last June term, de-
livered lis opinion affirming the decree
of the chancellor dismissing the bill, All
costs will be. paid by the cOmplainants,
| renew the recommendations made In
my last report.
think it would be to the interests oi
the city if the Mayor should be required
by ordinance to make annual reports to
the City Council. Such reports, embody-
Ing such recommendations as that Off
Ger might deem proper to make, would
be of great value to the City Council as
the legislative body of the city.
As my term of Office will expire in
May next, deem it my duty to recon-
mend that the salary of the City Solici-
tor be increased. The duties of the Of
flee are onerous and responsible and
have increased so that the almost con-
stant attention Of the City Solicitor is
required.
Such an important Office can now be
properly filled only by lawyer of ex-
perience and ability, and the salary
should be sufficiently large to secure the
services of such perssn and compen-
safe him for the loss of private practice.
recommend thorough revision of
the ordinances Of the city. Many Of
them are obsolete, others are entirely
inapplicable to the present condition OF
the city, and many others are so vague
and indefinite as 10 present grave diff
| culties to their enforcement and inter
probation.
All petitions for curbing and paving
sidewalks and beds OF streets, and the
construction of sewers should be re-
ferred to committees to ascertain wheth-
er the signatures are genuine and are
those OF properly qualified persons. l
have experienced great difficulty in the
trial uf cases, in consequence of parties
denying their signature to petitions, and
that the names of persons are sometimes
attached who are not owners OF property
or are otherwise disqualified.
Tie present method of making assess
meuts and entering liens for local i'm
provements is, in my judgment, made
quate and imperfect. Much greater par
| ticuarlty should be observed in matters
of detail, especially in describing the
property to be charged with the lien and
in ascertaininy with certainty the names
of owners Many OF the liens now
standing on the books are uncollectable,
owing to the failure of the Council aud
city officers to follow strictly the mode
| of procedure prescribed by the charter
and ordinances.
AS the Legislature will meet during
the next winter, suggest that COM
mittee ON legislation be appointed at an
early day so that mature consideration
may be given to matters upon which 1t
may be deemed important to invoke the
aid of the Legislature; such as the pur-
chase of real estate or water rights and
the condemnation of land for the i'm
provement of the water works; the use
of the public streets by railroad COM
panies and individuals for railroads and
sidings; the vacation of streets; the
change of the beginning of the fiscal
year from January to July; the sale oil
firearms and toy pistols to minors; the
amendment of the laws providing for
the assessment aud collection of taxes,
and the assessments for local improve
ments; the alteration or repeal OF the
law defining the powers and jurisdiction
of the MAYORS Couit, and many other
matters which will be suggested TO the
CITY Council.
Very respectfully submitted,
s. A. MACALLIsTER,
City Solicitor.
The report in connection with the
opipion of the Court of Errors and Ap.