The daily gazette., 1881-09-17
THE LYNCH INvEsTIGATION.

Tho COmmittee's Report Not sus.
tafned by COuncil-The Investiga-
tton Ordered to be Continued,
With Open Doors.
At the meeting of City Council, last
night, all regular committees were
continued on the business in their
hands, and the first report received
was from the special committee ap-
pointed to investigate the charges
made against rect Commissioner
Lynch, which was as follows.
WILMINGTON, Sept. IA, 1881.
To the President and Members Of the
City Council:
GENTLEMEN-Your committee ap-
pointed at the last stated meeting
upon the application of Louis p.
Lynch, Street Commissioner, to inves-
tigate charges of malfeasance in of
fee made against him by former
employe of the Street Department,
through the medium of the daily
newspapers, beg leave to submit the
following report
That y0ur committee met and duly
organized on Monday evening, Sep
tember 10. 1881, and adjourned until
Tuesday evening, September 13, no.
tice being given to l.. P. Lynch and to
Patrick Gardner, by whom the said
charges we're made, as 1t is alleged, to
appear before your committee al that
time that at the said time the said
Patrick Gardner appeared before your
committee and refused to make any
statement unless your committee
should be first sworn, and that all evil
dence taken in the matter should be
given under the sanction Of an oath.
Your committee do not feel that
they have any authority to administer
oaths or to compel the attendance Of
Witnesses by compulsory process.
Your committee cannot, tn refore,
take any testimony in the case other
than by the mere voluntary s'ate-
ments Of the parties. The said Pat
rick Gardner having refused to make
any such statement, your committee
cannot, therefore, go further in the
case because, without such statement,
we cannot know what charges are
made agains. the Street Commissioner
other than what has been published
in the daily papers ofthe city, and your
committee is not informed by the said
Patrick Gardner whether he made any
of such charges as he is represented
in The said newspapers. Your com.
mittee would, therefore, ask to be dis
charged from any further consider
alton of the matter.
JAMES CARMICHAEL,
GEO. T. BARNHILL,
j. V. LAWRENCE,
Jos. K. ADAMS.
Your committee, however, beg
leave to make the following sugges-
ton by which an investigation into
said charges can be legally and pro
perly made. That by the application
of the Street Commissioner it appears
he is charged with maifeasance in
Office, which under the laws of this
State, is an indctable offence either
the employe re erred to in the petition
of the Commissioner, or any other
ci,izen can 60 before either the Mayor
or any justice of the peace, and upon
an affidavit filed, have a warrant
issued for his arrest. Upon hearing
of the cause, witnesses, both for and
against the party charged, can be
heard in an open court and upon oath,
which your committee understand, is
asked for by the said Patrick Gardner.
JAMES CARMICHAEL,
Jos. X. ADAMS,
J.V. LAWRENCE,
GEO. T. BARNHlLL.
The fifth member of the committee,
Mr.. Z. q. Moore, not coincidisg iD the
above views, presented q minority re-
port, as follows:
WILMINGTON, Sept. 10, 1851.
To the President and Members of the
City Council of Wilmington:
GENTLEMEN You see by the report
of the committee Of investigation that
my name does not appear. l will, how. i.
ever, give my reasons for not signing
the report. In the first place, do not
think it was an Investigation, fro m the
fact that the committee undertook to
examine witnesses without having some
one 10 administer an oath. The major
| ity OF the committee claimed that we
had no right to employ justice of the
peace, from the fact that Council had
not appropriated any money for the COM
mIttee to expend. In the next place,
they wanted to do the Investigation with
closed doors, which l was very much
opposed 10, from the fact that we were
as much the public servants on that
committee as when we are in the Coun-
Gil chamber. Therefore, If we work in
| q committee of Investigation with closed
doors, why not close the door OF the
| Council chamber from the public? II
we have the right In the one case, we
certainly have right in the other. Mr..
Garduer would not be examined with
closed doors and asked for public In
vestigation and let the witnesses be
sworn. He said he would be ready and
willing TO give his evidence and prove 1t.
| was willing TO meet him on those
grounds, for believed he was in ear
nest and honest In what be said; and
again, they undertook to examine Mr..
Gardner without allowing Mr.. Lynch to
| come into the room to face the witness,
which l think was wrong, tor all inves-
| legations which have ever seen or
heard tell Of the accused had a right
| either by counsel or himself to cross
| examine the witnesses, but Mr.. Lynch
was not invited. l asked fer him, aud
| the other members OF the committee
gave me to understand that he could
not be admitted. These, gentlemen,
are my reasons for not signing the ma.
j,rlty report of the committee. You
may do as you like about d scharelng
I