The daily gazette., 1883-08-24
THE FINES and COSTS.
THE CHIEF OF POLICE MUST
SETTLE UP.
OPINION OF THE c1TY SOLICITOR,
Council Keats 1t After a Long Delay
The Municipal Court Fines and Other
Matters Before City Council.

ADJy on Lne peJlblOu Ol deOfRe bflnJOn, ask
ing for water pipes on West street, between
Eighteenth and Nineteenth; estimated cost,
$3.50.
They also reported favorably on the peti-
tion of James r. Tatman asking for water
pipes on Harrison street, between Eighth
and Ninth streets.
A favorable report was also made by the
same committee on the petition of Mrs.
Beerbrower for water pipes on Tenth street,
between Clayton and DUPONT streets.
The same committee reported in favor of
awarding the contract for supplying coal to
the Water Department to Geo. w. Bush a.
Sons. The reports were adopted.
The Street Committee, on the petition OF
George Chadwick, asking for the guttering
and curbiDg of the north side of Logan
street, from Maryland avenue to Nancy
street, reported favorably.
On the petition of Henry B. Martin, in
reference to the surface water on Maryland
avenue from Washington to Adams street,
reported in favor Of removing the nuisance
in accordance with the plans of the Chief
Engineer of the Surveying Department.
The reports were adopted.
The City Treasurer reported $159, ,554.7
in bank to the credit o. the city.
The following communication from the
City Auditor was read:
To the President and Members of City Council
| -GENTLEMEN. Some time since sent COM
municaton to your honorable body stating that
| l had not audited the accounts of Henry X.
Pennington, Clerk of the Municipal Court, as
| thero had arisen u d ference of opinion be-
| tween the clerk and myself as to the dlstribu-
tlon Of certain certain hnes IIn tla that had d. come
| 1believe still holds the opinion that all fines
| for assault and battery and drunkenness IN ust
be paid into the County Treasury, while con-
| tend that they should be paid into the City
| Treasury, as they always have been. My COM
m unication, in which asked for instructions,
was referred to the Law COMMITTEES, and can
| do nothing until they report on the same.
| J. FRANK BALL, City Auditor.
An opinion from the City Solicitor in re-
| ference to the matter was also read. The
Solicitor was OF the opinion that all fines
imposed and collected at the Municipal
Court were payable to the City Treasurer,
unless otherwise ordered by statute.
On motion OF Mr.. Pickles the communi-
cation and opinion were accepted and re-
corded and the Auditor was instructed to
| make formal demand on the Clerk of the
Municipal Court for all fines tni costs that
have been collected since the Court has been
| In existence.
The usual check of the Water Department
was returned by the Auditor and was over
ruled by the usual party vote.
The Cl.ief Engineer of the Water Depart
ment reported 43 men In his employ for the
week ending August 21; payroll, 1914. 0S.
The Street Commissioner reported 20 men
and eight single teams in his employ for the
week ending August Is; payroll, S175.7.
The following petitions and communica-
tions were introduced, read and referred to
| the proper committees: s. G. Simmons IL
Brothers and others, for repairing the south
side of Front street between Shipley and
/ Madison streets; Fame Hose Company, for
an advance of 81 $50 of their annual appro
priation; William Ii. Burnett, for gasoline
| lamp at the corner of Seventeenth and
| Union streets; j. Il. d. Seeds, for paving
and eurbing of jackson street between
Ninth and Hazlett streets; James Parker,
guttering at the corner of Seventh and
Broome streets; Thomas F. Bowen, for paw
ing the cutters on Sherman street between
Poplar and Lombard streets; Robert Pyle,
for the grading Of the beds of Tenth, Mon
roe and Adams streets; Patrick Hughes, to
curb and pave Van Buren street between
Fourth and Sixth streets; E. j. McManus,
for curbing an1 paving the south side of
Fourth street between Broome and Union
streets.
The following complaints were read and
referred: Board of Health, in regard to the
filthy condition of Van Buren street between
Eighth and Ninth; E. B. Frazer, of the nui-
sance arising from the open sewer at Fourth
and Poplar streets, which Leeds traps; VIM.
T. Massey, of the dust arising from the red
clay filling between the tracks of the street
railway on Front street from Market to
| Union street; Simmons and others of an an
noying gutter on Vandever avenue, Heald
: Fifteenth and Twelfth streets.
The Street Committee on the petition Of
B. Lundy Kent, asking for larger cutters on
} Pennsylvania avenue to Liberia street, re-
ported favorably. Adopted.
Under the new business Mr.. Mentor
called up for third reading the ordinance
for the relief of s. G. Simmons 81 Bro, per
hitting them to lay track on the east side
sTatnall street below Water. The ordi
o. -assed unanimously.
nance mas .o Pc ,,resent,a ed an ordinance estab
l;sbino a market at the new mafket shed a
Front street wharf 1t provides that TN
shed shall be used only by persons bringing
, produce thither in boats and paving WhaFi
age to the city; that no other dealers snal
use II for storage or otherwise; that no per
son shall have any speclhc space FeSel vou 49, -
, occunv more than is necessary for the trans
action of business that a fine of $40 shall D.
imnosed for a violation of the ordinance b.
any mapistrate of the city, and that Tn
market shall be under the jurisdiction OF tn
Clerk of the Market.
Mr. Eastburn gave notice of an ordinanc
regulating the laying OF drains and sewers
The opinion OF tne Clty oollciCor III ioi0'
} ence to the fees and costs in the hands
the Chief OF Police, which has been delaye
), for some time, was read 1t is as follows
- WILMINGTON, DEL, August 9. = To the Ho'
= otabie Chairman and members of the Lag Con
s mittse. CfENTLEMEN: In reference to the con
IS munication of the City Auditor touching &c
tain costs alleged to be due from the hig
!. | Constable, and not returned by him, to VIII
= for the period beginning on the L tn day
~ RnriI 1883 the date of the passage OF the ne
er city charter, to the lst day of jun
is In NV opinion all fees and emol
l. | ments which may have accrued durln
ar that neriod. belong IL the City Treasury. Sc
a. tion IL of the new charter, which txes the sa
10 aries of certain city officers, also forbids an
Is snoh officers TO receive for their use any 9TH
4, fees or emoluments and directs the paymen
,y of the same monthly into the City Treasury.
~ I. S4 S HENRY O. TURNER,
u City Solicitor.
On motion of Mr.. Baugh, the opinion WI
!. ordered recorded and the Auditor instructt
to make formal demand upon the Chief f(
I'd the amount due the city.
n. The ordinance establishing the salary
re the Harbor Master at 500 per year vi
of Bids for furnishing gutter plates were res
'is as follows Harlan & Hollingsworth Cor
a pany, az cents per pound; Henry F. Pickel
90 2I% cents per pound; Lewis L. Allen, 2