The daily gazette., 1883-06-15

| Commission Is the creature of the Legisla-
ture, and that the Legislature is more pow
erful than the City Council.
The people are tired of this senscless folly
The difficulty ought be settled amicably,
and If you gentlemen on the other side of
the chamber would meet some Of the mem
bers on this side, without any outside inter
| ference whatever, the difficulty could be
| satisfactorily adjusted. The money you
have appropriated tonight to pay for special
counsel Is the peoples money, and is not
taken out of your pocket, or mine, but out
of the pockets Of the tax payers, for the
purpose of stirring up strife.
Wilmington, In the past, has been one Of
the best regulated and organized communi-
ties in the country, and there is no reason
why we, who are elected to represent the
best interests of the people, should come
here and establish bad precedent by dis
turbing the tranquility Of the public.
Mr.. Pickels, In reply, said that he believed
| In law and order as much as anyone. There
are, he said, gentlemen learned In the law
who dispute the constitutionality of the
| Water Commission, and the question could
be settled before the highest tribunal Of the
United States. The whole thing, in his esti-
| nation, was begotten in sin and conceived In
iniquity. The act of the Legislature was
unjust, Unconstitutional, null and void.
The Legislature had taken the Water De-
partment out Of the hands of the city and
put 1t into the keeping of three men who
had not been elected by the people, and one
OF the three had openly declared that he ac-
cepted the position for the purpose of elect.
ing certain man Chief Engineer of the
Water Department. When the proper
tribunal decides that we are in the wrong we
will give up peaceably.
Mr.. Pickels closed his remarks with some
20 IN ha ltu IF fhn - 1fnu
party, of which he was a member, and how
it had saved the Union from destruction.
Mr.. Farrell-What regiment did you
march withl
Mr.. Pickels--0h, belonged to the stay
at-home guards, but had three brothers In
the service and looked after their families
The resolution was adopted by party
vote of II ayes and 10 nays, Messrs. Garrett
and johnson, of the majority, being absent.
Mr.. Pickles presented the following com
munication from City Auditor Ball:
WILMINGTON, June IA, 1SS3.-To the
President and Members Of City Council
GENTLEMES; In my communication of
June z to your honorable body / expressed
my regrests that should be compelled in
the future to withhold my signature to
drafts OF orders Of your honorable body to
pay the debts of the Water Department in
in order to protect and save harmless from
legal liability both myself and my. sureties.
At the same time also expressed the readI-
ness to furnish the needed signature If
| should be shown that had the lawful
authority to do so without legal liability to
| myself and my sureties. Since transmitting
| said communication to Council have taken
the legal opinion of the most eminent men,
bers of the bar in this city. Although diff
| ference of opinion exists / am advised by
my legal counsel that l may Without the
liability aforesaid affix my signature where
my objections to drafts or orders have been
oVerruled by Council. Accordingly deem
| 1t proper to inform your honorable body
that shall hereafter sign all such drafts or
| orders. feel constrained thus to yield nv
own judgment, the more especially as l
consider it the duty of every law abiding
citizen and sworn official to give the benefit
of any doubt as to the true Interpretation
and obligation of law of the State on the
side of respect for and obedience to such
law until the proper judicial tribunal shall
| have construed it otherwise or adiudged 1t
invalid. In adopting my present course I
| desire to have it understood that j am uu-
alterably convin ed that the City Council,
| since the passage OF the Water Commission
act, has no legal power to appoint, employ,
control or pay any officer or employe of the
| Water Department. | believe thai this
1
Board of Water Commissioners, whose
orders for the payment of the salaries due
| Chief Engineer Coyle aud Registrar
Bond have already signed. In requiring
/ me to sign q second set of orders
for the double payment of the same officers
the Council is, ms l believe, acting without
sanction of law, and thus forcing me against
| my will and earnest protest to be party TO,
as b, lieve, an Illegal act which is of bad
Als 1loor tt.y
| and impropriety of paying any such debt
was my duty as faithful officer under my
oath OF office. To do less was to be derelict
to my duty and faithlefs to the people And
as have been advised that further. resist
auce on my part would bring needless en-
barrassment and'pecuniary liability to others,
conflict and confusion among the sworn de-
partments of the city government as a GER
tain detriment to the public interests, j have
decided not to withhold my official sigma
ture unless advised TO do so by my counsel.
am, very respectfully, ETC.,
j. FRANK BALL, City Auditor.
The communication was received and
filed.
The Chief Engineer reported IS men en-
ployed in the Water Department; payroll
$226.97. rN f.-5
The Street Commissioner reported 81 mer
and six teams employed in the Street De
partment; payroll, S191.S7.
Petitions were read and referred as fol
lows: Fa ~ "a
From Wilhelmina Hey for permission tc
remove her slaughter house on Heald street
to another location. - ..
From G. Warner & Co., for permission tc
pave the west sidewalk of King street, below
Water, with Belgian block and to cover the
) gutter.
From G. g. j. Pyle, asking for the repay
ing of Sixth street, between Madison anc
Monroe, with Belgian block.
) From Ann Hurlock, for permission to re
set curb and pave gutter in front of her pro
perty on East Sixth street.
From Bridget SlaVen, complaining that
John Fullmer s digging privy well on tht
line of his property, Orange street, abov'
Ninth. and asking for a committee to in
vestigate the matter, as the Str aet Commis
= sionar declines to interfere.
Y From E. II. Harvey and others for tn
{ paving of Jefferson street, between Tent
e and Delaware avenue, with Belgian block.
r Mr.. Moore presented resolution instruct
t ing the Clerk to ask for the use of tn
Board of Education room for Thursda
e evening, 2S inst, while the Council chambe
is being cleaned, Adopted .t
+ Mr.. Grubb offered a resolution authoriz
a ing the Lamp Committee to sell all oil
i lamp material on hand. Adopted. ...
4 Mr.. Smith presented the bill of the Secre
= tary of the State for certified copies Of al
3 Wilmington bills passed by the last Legif
|, lature, and City Solicitor Turner took thi
= occasion to state that there were severa