Daily Republican., 1882-09-15
CITY COUNCIL M
zion or THE CITY SO
] an THE MIsAPPRO'
dIoh, ,oN OF THE FUNDS.

IAE
srgulSt' y svening with Presiden
hld ~, sSs chair. The Finance com
q a,a y read the following ts.opna oplnloL =,
JB sol'U,f'th ta " ths Board of Education'
pNV Y '~sre =, used by the previou
,l.oondI loS'd for other purposes
t'u' W THE CITY SOLICITOR,
fISE flsISeTos, 10 II DBL, Sept 49, 1882 !
y. honorable Chairman ant
be JSinance Committee of tn
ss sSiI Il Of Wilmington--GENTLEs .
ClnaIib IbS ~ matter Of the $780, 900
y iIIIsssO,OOO, no. proceeds of bond
~ ~ said s,Sld by the Mayor anC
y" Wilmington under and b.
tthe Act OF the General
~ aDtitled, "a further sup
,5s act for the benefit of tn,
,a'OIs in Wilmington" passed
IOril 8, 1881, l have the
W, " mort nj as follows
isI'pI is,'a a. | understand them in
.,,,r are as follows
lsTs.sI sl Assembly at Its last ses
I',5 S,s tho act above named, sec
\ H. TaiCh gives to the Mayor and
Wilmington power and au-
" VA thew are hereby author
". ~, an ordinance or ordinances
M, S'r Council to be passed with
sS% '.',,SuCe of two.thirds of all the
~ hereof for the time being, at
y n hereafter, to borrow upon the
" " srsdit of the city q sum or
s IsSDev not exceeding in the
..SSjO,OOO, to be applied and
rnder the direction of the
IPublic Education 10 building
ssTnbing additional school houses
a.St, Of wilmington, the repay
AN .EtS,,sid sum or sums and the
", 4 interest thereon to be pro-
JLf n such times and in such
s.Stbe City Council shall by
lance or ordinances prescribe
ssI,t Section 2 of said act pro.
,srSa manner and times at which
t.is,omay be issued under Sec
lalII bs made payable, and the
sph adopted to raise the money
Nm at their meeting.
jur1y Of the present year the
s1ncjl exercised the powers con-
Upit by the above named act
Ns,d an ordinance in conformity
"A directing the issuing Of bonds
smODnt Of 100000. The bonds
wEdingly issued and placed
hnsrket and the proceeds, $780,.
a slight premium came into
NaOlt6e city Treasurer. On the
h d February, 1882, the City
rrlnhis report to Council set
b,NCeipt into his hands of the
stdthe bonds aforesaid, and ask
ruaiOnS as to the manner in
Raid proceeds should he deposit
hpk, and q motion was passc !
sCcuncil directing him to "depor-
.noVeyN,eiVed from the proceeds
ldlan NJ. 80 in bank to the credit
M Mayor and Council" and the
ny VuN deposited by the City
aSurg On the books of the City
AsamAae appears an entry as
luE
M NIM br the use of the Board |
fhR EacatiOn, 1889, February /,
zh $4,000, and the books of the |
Treasurer also show that the
dPublC Education has receiv-
nENult Of Loan No. 30 the sum
TgsR Of $40, 900, leaving a bal
b to the Board of Public Edu-
10 iN,OOO. By the minutes of
thldl appears that the City
Es inb!S weekly reports on the
tAe balances to the credit of
9h bank from the Oath day of
lay 1882, to the 9th day Of May
aiming, reports q balance in
5Iwunt of current expenses
IAaucs in bank to account of
hN as separate items, which
lhVhssVer may have been the
receipts make up the general
HhhiS reports. II
Gl2h day of May the City
mln bis weekly report simply
NllanCe inbank TO the account
NgG and Council of $17, ,957.7O.
aNh Of May he reported a bal
Manllar account of 50, ,41S.81,
Tho 18th of May a balance to
i'Neount of Sc, 1888 80. On the
gdJuDe, 1882, the City Treas
FsitS a balance in bank to ac- {
ANan No. 80 of 4,029. .06. The
,aaIAe City Treasurer after that :
LNSAow any balance what
,@ credit of Loan No. 80, or to {
sIIloF current expenses, but on I
aasiy show OVerdrafts of va
mounts. These are the facts as |
V9e from the proper sources. !
nSlDg a balance due to the t
GrfOOllC Education on account 4
~ Not 5000 the Board of t
haCatlon now calls for said !
sUapply and expend the same I
apGDCSeS specified In the act t
Mclean, and l am asked as |
aaot 70 give my opinion as to
VINO there are any available t
city treasury out of which t
satll " can properly and legally s
PAYMENT to tAe Board of 8
:" athe said balance of $2O,-I
n gylniOn there are no funds in !
stF%ary which can be 80 ap. I
40 proceeds Of the sale of the a
ls.s't sa% under the act of the Gen.
S.aa S"4oly, entitled, "a further 4
~. wy % the act for the benefit
sS.Sa0 %DOols In Wilmington" and n
|SiS use y OF City Council passed in n
N NJ X. herewith we're by the very '
\ SS SS 4Ct applicable to but one o
iTdSiaaely: Building and fur. u
|l FH.H FHH,Honal school houses in the a
\ l,,naa aal9Gton, and the applica- o
SSs spSlGlture pSt Ct those proceeds
RIusS RsCI lodged in the Board of O
IhaSS W n These proceeds were a
M ~ VI Council as a trust for G
4 purpose named In the act of @
suus"'eanoly. Council had no p
muu ,Uu dollar of those pro- "
4 u, my uy purpose whatever, and j
AbSniSS iS1ea custody of the fund I
sb6r ~ " ready tOpay over when N
II Ss 'ue proper authorities to be j
M" proper purpose. The re-
laSs Treasurer show that ci
sSS tod .ae proceeds of Loan No, p
N NJ 'IV,OeO now asked for by al
kas M ytuoIic Education, were e.
SD,ssO Council for the cur. il
'RrE iD, VI me city. The Legis- o,
ihp,aSa Sa,snded Sd that this money NJ
VI bsv. vu lor any such purpose or