The daily gazette., 1883-02-13
4 oARD FRom CLERK FRA1M.
He Refutes Charge Which He OIasse
as an Infamous FaIsehood.

State, within the past few days, that ] had
altered Sections 81 and 40 of the proposed
| City Charter for the city of Wilmington,
after II was approved by Council with the
amendments made thereto by tine Council.
Section 81 as originally printed and sub
mitted to Council read as follows: "Section
| 81. At the last stated meeting In June, A.
D., 1884, and on the same day in every third
year thereafter, Council shall elect person
TO discharge the duties Of City Auditor.
| The City Auditor shall hold office for the
term of three years, commencing on the
first day Of July next, ensuing his election.
| The present City Auditor shall hold office
until the first day of July, A. D., 1884. 4"
Section 40, as originally presented to
Council for approval, read as follows, to
wit: "Section 40. At the last tated meet
ing in June, A. D., 1884, and on the same
day in every third year thereafter, Council
shall elect City Solicitor. The person SO
elected City Solicitor must be an Attorney
and Counsellor of the Superior Court of this
State; who shall have been admitted to
practice therein, at least five years prior to
his election; and shall also be a Solicitor
In the Court of Chancery. The City Solicit
tor shall hold Office for the term Of three
years, commencing on the first day of July
| ensuing his election. The present CITY
| Solicitor shall hold Office until the first day
of July, A.. D., 1884, and until his successor
shall be appointed" By the provisions of
Sections 81 and 40 (above referred to) the
terms of Office OF the present City Auditor
and City Solicitor were extended beyond the
| term (of three years) for which they were
| severally elected, namely, from the first
! stated meeting in Nay, 1884, till july /, A.
D., 1884, thus preventing the members of
the City Council, who would hold office
| at the time those tpo officers terms expired,
in May, 1884, under an ordinance Of this
city passed April IS, 1878, which ordinance
was passed at said date making the terms
of Office Of the City Auditor aud City Solicit
tor thereafter to be elected at the first stated
meeting in Nay, 1873, (and all others there
after to be elected) as City Auditor and
City Solicitor, offices for the term of three
years instead Of the term of one year, as 1t
was at the time of the passage of the ordi-
nance of April IS, 1878. Those two see
tions (37 and 40) were read in
session Of the City Council, held on
Tuesday evening, January 90, 1888,
and on said evening were approved by
Council as read. At meeting Of the City
Council held on Wednesday evening, January
"a, as soon as Council had been called to
order by the president, and the roll called
by the clerk, Mr.. Abner p. Bailey, one of
the members of the Council from the Eighth
that the vote whereby section 81 was ap-
proved at the last meeting of Council be
reconsidered; this motion was seconded by
Mr.. Lewis t. Grubb, also n member of
Council from the Eighth ward, the motion
was put by the president, and by him de-
clared carried. Mr. Bailey then arose at his
desk holding up In his hand paper writing
which he stated he wished to offer as an
amendment to section 81, and which lac
asked to have read by the clerk. Mr.. Bailey
before taking his scat delivered said
paper writing to William II. Clayton,
the bailiff, who Immediately handed it
to the clerk, and by order of the
president 1t was read Immediately, and
was as follows, to wit "Amend Section
81, by striking out the word last in the first
line of said section, between the words
the and stated, and in lieu or the word
SO strken out insert the word 'frst;' also
strike out the word June in said first line
of said section and insert in lieu of the
word so stricken out the word s1Ndy , also,
strike out all the words in the said section
after the word day" in the third line
thereof, and in lieu Of the words so sticken
out insert after the word day." in the third
line, the words after his selection as is now
established by city ordinance passed April
Is, 1S7S.' So that the section when
amended will read as follows, to wit
Section 81, at the first stated meeting in
May, A. D. 1884, on the same day in every
third year thereafter, Council shall elect a
person TO discharge the duties Of City Audi
tar The City Auditor shall hold office for
the term OF three years, commencing the
first day after his election as is now estab-
lished by city ordinance passed April IS,
1879" [Slgned,J
A. P. BAILEY.
After the reading Of the section by the
clerk, Mr.. Bailey moved that Section 81 be
amended as proposed by him. Mr. Grubb
seconded the amendment. The yeas and
nays being demanded, were taken, and the
President declared the amendment adopted.
Mr.. Bailey then moved that Section 81 as
amended, be approved, and the amendment
was by myself entered on the copy of the
proposed charter, aehieh l read from IN
Council precisely as above quoted, and the
same was duly recorded by me the same eve
ming in the minute book Of the City Coun-
ell on page 408; reference thereto being had
it will fully appear
am ready and willing to be sworn before
any court of law, here or elsewhere, that
both Sections 81 and 40 of the proposed city
charter, as the same appear on the copy GER
tilted to by me, which was sent to the Leg
islature, was approved by the City Council
OF Wilmington as they appear in said copy,
ocFVutM et ttttFutHt. Oi lllc StbH udy Oh jan
uary, A. D., which said proposed charter
was approved as whole by the City Coun-
ell, February lst, A. D., 1888.
And to more effectually, If possible, nail
this infamous lie put In circulation about
those sections being altered by myself
after they were approved by Council,
very fortunately have in my possession the
original paper writings offered by Mr.. Bailey
as amendments to sections 81 and 40, which
contain word for word and letter for letter
the matter herein before stated. Those
copies | shall carefully pleserye (wlth the
signature of Abner p. Bailey thereon) for
future use, If necessary. And l hereby wish
1t distinctly understood that any person or
persons who may hereafter assert that
made alterations of any proposed charter,
after the same was approved by the City
Council will do so at their peril, and may
prepare to defend himself or themselves
from an action of damages, and also to de-
fend himself or themselves in an action or
actions against him or them, for libel. l
have lived In this immediate vicinity for So
years, and no man living can point to a
single dishonest or disreputable action of
my life during that period of time.
Yours, respectfully, r @. FRAIM,
Clerk OF Council.
WILMINGTON, DEL, Feb. II.
A Correction.