Daily Republican., 1883-05-18
CITY COUNCIL.
The Water Commissions Efforts
Prove AbOrtlv3- 4 BOmbshell
from David Lemon.

Prove AbOrtlv 4 BOmbshelI
from David Lemon.
The regular weekly meeting of City
Council was held last evening, with
President Conrad In the chair
The Finance Committee, to whom
was referred the communication from
the Water Commission, demanding Sl4 ).
1876. 80 Tor the use of water in the fire
hydrants from the 18th Of April until
the first of next year, reported that AZ
there Ia a doubt about the constitution
ality of the law creating the Commits
sion, it will be impossible to take any
action in the matter at present, and
recommend that it be allowed to re-
main in the hands of the committee.
The same committee recommended
that the Herdman trust fund Of SIC, 600
he invested in city bonds. The report
in each case was adopted.
The Law Committee presented com
munication from the City Solicitor on
the resolution instructing him to have
an opinion ready last evening on the
constitutionality of the Water Commis-
sion act, that it was impossible for him
to have it ready before next week.
The Opening Streets Committee re-
ported in favor OF accepting the report
of the commission appointed to assess
damages for opening Union street from
Conrad to Eighth streets, with the ex-
ception of the award TOD. q. Stirl-
ing, which the committee considered
too low.
Mr.. Blake, Of the committee. said
that he had not signed the report, as
he considered the amount awarded to
p. j. Ford too low.
He wished to make minority re-
port, and was proceeding to give it YER
bally, when call was made to have it
put in writing, and the majority report
was laid on the table until he was
ready.
The same committee reported in tav-
or of grading Heald street, South
Wilmington. :.
The bill of Chief of Police James l.
Hawkins for S57. 80 for feeding prison
ers was presented, and Mr.. Baugh called
for the reading of the items, which was
complied with by the clerk. Mr.. John
son moved that an order be drawn for
the amount. The motion was opposed
by Mr.. Baugh, who said that this Chief,
and all the others who had preceded
him, were in the habit of sending big
basket to the Clayton House and getting
enough to feed five or ten persons for
25 or SO cents. He did not think it was
right for them to do this, and then come
to Council with a bill Of 10 cents for
each meal. He was opposed to paying
the bill if it was no lower than it used
to be, and offered an amendment to refer
it back to the committee.
Mr.. johnson advocated his motion,
and said that he did not consider it any
of Mr.. Baugh's business where the Chief
obtained the food or what he paid for it,
so long as the prisoners had enough to
eat. The bill came to Council under
the oath of a qualified officer, and if Mr.
Baugh was prepared to prove that he
had sworn falsely that would be anoth-
er matter. Mr.. Garrett and others
spoke in faver of paying it, and upon
vote being taken all order was directed
to be drawn for the amount.
Mr.. Blake handed his minority report
on the opening of Union street to the
clerk, and it was read. 1t stated that
the damages awarded to p. j. Ford
were too low, and also that Mr.. Kent,
one of the commissioners, was not salts
tied, and deemed it insufficient He
concluded by asking that the awards
be set aside, and new commission ask
ed for.
Mr.. Blake moved that the minority
report be adopted, but upon vote being
taken the motion was lost by u ayes to
7 nays. MIR. Garrett then moved that
the majority report be adopted, and Mr..
Bailey said that could not be done, as it
left ont the property of Mr.. Stirling.
He moved to amend that the report of
the commission be adopted. Upon a
vote being taken the amendment was
passed and the report, as amended,
adopted.
The City Treasurer reported S},3l647
overdrawn in bank.
The Chief Engineer of the Water De-
partnent reported that he had lS men
employed, with a pay roll amounting to
S2l7.34. Mr.. Stevenson moved that the
report be accepted, and an order drawn
for the amount. This brought Mr.
Baugh to his feet, and he said he could
not see how Council could pass the bill,
as the Water Commission had assumed
control of the Water Department, and
Council had no authority in the matter
lie would like to have the ayes and
nays on the motion.
The President said that as the pay
roll was not audited or signed by the
City Auditor. 1t would be necessary TO
pass it by an aye and nay vote, and
called on the City Solicitor to read the
section of the charter bearing on the
matter The City Solicitor read it, and
then said it was his opinion that Coun-
ell could not pass the payroll unless it
was first signed by the Auditor, and
even if they did, he could refuse to sign
the order for the money. He thought
that according to the section just readj
Council could PASS draft or bill by all
aye and nay vote without tho sanction
of th,. City Auditor, but not payroll.
Mr.. Talley wanted to know if the City
Solicitor meant that Council was to be
governed blythe City Auditor.
Mr.. Garrett said tina, one week ago
he had offered resolution, that was
adopted, calling on the City Solicitor
to give an opinion on the constitutions
allty of the act creating the Water
Commission, which opinion was to be
ready by this meeting, but instead of
having it to present to Conncii, he had
sent a communication saying that he
had not the time to prepare it. The
speaker had noticed, however, that the
Solicitor had found plenty of time to
draw up resolutions and opinions for
the Water Commission, and he would
like to know who he was Solicitor for
the City Council or the Water Com.
mission.
Mr.. Turner replied that he was as
much the Solicitor for the Commission
as he was for City Council, and the
reason why he did not have the opinion
ready was because it was such an i'm
portant matter, and there were so many
grave questions involved. that it would
take some time to prepare it,
Mr.. Garrett said he would like to
know who had the first claim on The
services Of the City Solicitor, the Coun-
ell that had fed and clothed him,