The daily gazette., 1883-06-08
THE AUDITORS STAND.
HE WILL NOT DISREGARD THE
.... PLAIN LAW.
THE SOLICITORS OPINION FILED.
Proceedings of City Councils Regular
Weekly Meeting Last Night--A Large
Overdraft in Bank Exported.


elected, and the old rules adopted.
On motion of Mr.. Smith the opinion of
the City Solicitor in regard to the constitu-
tionality of the Water Commission act, now
in the hands of the Law Committee, was
directed to be received and filed.
The City Treasurer reported an overdraft
on the Union National Bank of $40, 1875.
The receipts during the week were as fol-
lows; Building Inspector Philemma Chand-
Ter, S132; r. r. Robinson g. Co., $50, ,435;
Chief of Police James L. Hawkins, $161. so.
The City Auditor at the end of his report
certifying to the correctness of the City
Treasurer's account added postscript com
planning OF his inability to secure from the
Chief of Police an account Of costs
Chief Engineer Coyle Of the Water De-
partment reported 16 men employed, with u
pay roll of $214. The yeas and nays were
taken on the motion to draw an order for
party vote of 13 to s, Messrs. Mention and
McKeRna being absent. Mr.. Farrell in vot-
ing nay explained that he had been opposed
| to the Water Commission from its inception
| and had been earnest and outspoken in the
matter, but now, as he understood, 1t was a
law, he must vote in favor of the Water
Commission.
The following commune alton from the
City Auditor was read
return the enclosed drafts or orders
passed by your Honorable body, May 31st
| 1888, without my signature. My reasons for
Withholding my signature from the one TO
David H. Coyle, Chief Engineer, Water De-
partmeDt for $227. IL to pay Water Depart
ment pay rolls are the same as those stated
in full to you honorable body, May Oath
1888.
have refused to sign the draft or order
| drawn in favor of David FL. Coyle, for 500
and Joseph A. Bond, for $75, Chief Engi-
neer and Registrar of the Water Depart
ment, respectfully for the following reasons:
First. Council had no right or authority
under the law now existing to pass said
| draft or order. The act, entitled IAN Act
to establish Board of Water Commission
ers for the city of Wilmington and for other
purposes" passed at Dover, Delaware,
| April 18th, 1888, takes all control of the
Water Department out of the hands Of City
| Council and places the same in the Board of
| Water Commissioners.
Second. David H. Coyle and Joseph A.
| Bond are not now officers under the control
of City Council, but are subject and under
| the control of the Board of Water Commis-
sioners and should not be paid out of the
city funds. Section 8 of said act says,
among other things "The Board of Water
| Commissioners shall, at its discretion, ap-
point, employ and discharge all officers,
/ agents, ministers and servants necessary for
| the management and service of the water
works, and for the collection of the revenues
arising therefrom as herein provided and
i shall determine the compensation to be paid
| to each one 30 employed"
Third. The amount of David Il. Coyles'
draft or order is wrong as It should be for
| $50 in place of 500. Mr.. Coyles' tenure of
| office terminated May IA, 1888, by order of
the Board of Water Commissioners, notice
of the same being presented 10 me by Joseph
| A. Bond, secretary Of said board. l enclose
| you said notice.
Fourth. Drafts or orders for payment of
the monthly salaries of Messrs. Coyle and
Bond have already been drawn and signed
by the president OF the said Board of Water
| Commissioners and countersigned by me as
| City Auditor; my authority for SO counter
signing will be found in section 13 OF the
act aforesaid, which says ''all money to be
disbursed thereon on account oil said water
works shall be drawn upon warrants signed
by the president of the said Board and coun-
tersigned by the City Treasurer and City
Auditor" Very respectfully, ETC.,
j. FRANK BALL, City Auditor.
N B.-Hitherto, / have though relue-
tantly and not without protest given my
signature to drafts or orders to pay
the debts of the Water Department.
But an examination of the act cover
ing my duties SO far as they refer to the
Water Commissioners, proves TO me that
must forsake this ground and take that of
absolute unwilliugness TO act in manner
contrary to the plain teachings of the atore-
said act. If your honorable body deem 1t
wise to overrule my objections will still be
compelled to withhold my signature in order
to protect and save harmless both myself
and my sureties.
While section 80 of the new charter dis
tinctly saws that if the Auditor shall be
overruled he shall sign and be released from
harm, ETC., yet the Legislature wisely or un-
wisely took away all control of the Water
Department from the City Council by the
new charter and vested the same in the
Board of Water Commissioners; by the act
: already mentioned, which was passed five
i DAYS after the passage of the new charter.
J Section 9 of said act says among Other
= things relating to the duties of the City Audi
+ tor: "He shall also examine and countersgI
: | all drafts or orders and withhold his sigma
{ ture in case the draft or order is made with
b out sanction of law or with any circun
3 | stances of fraud actually or presumably at
y tached thereto in all of which cases he shall
g report his actions and the grounds Therefore
4 to the Board of Water Commissioners at IT.
! ensuing meeting the Board shall thereupol
: duly, carefully and publicly consider tn
case and shall sustain or over-rule hi
actions by unanimous vote of all the mem
y bers of said Board whereupon 1t shall b
e the duty of the City Auditor in case b
y shall be oyer-ruied to countersign the SAT-
draft or order in which case he shall be ex
:. onerated from all responsibility in tn
premises" In order to protect myself AM
my sureties you will see by the above
must be over-ruled by the Board of Waite
Commissioners if have any objections +
p signing drafts or order drawn against tn
N Water Department as it is the only body
can know in regard to the accounts of th
Il Water Department.
m regret exceedingly this collision of al
thorities. and am perfectly willing to
ct anything in my power to assist Council !
be b inging this whole matter to speedy jud
On cial deer ination. The only legal opinio
in that has been asked for concerning tha az
establishing a Board of Water CommiI
ay sioners, etc., by your honorable body so "a
~ | as know was the one delivered by the Cit
he Solicitor on May "a, 1888, in which he gay
~ It as his opinion that the Act aforesaid VIZ
Mt constitutional and therefor binding upo
ar Council, and of couse upon the city official
e' If Council will show me the legal authorit
for doing other than l nave done l wi
freely accept the same.
Up Very respectfully, etc.,
~, J. FRANK BALL, City Auditor
ip- Street Commissioner zebley reported
men and six teams employed, with a pa
roll of $1s7.77.
-f