The daily gazette., 1883-05-18

/
sum of $14, 1885 98, for use of fire bydran
from April IL to the LIST of January mex
being at the rate of $40, 900 per anDum, Or
sented the following report:
"YoHr committee would report that ,
there is some doubt existing about the va
idity of the law creating the Water Com
mission for the city Of Wilmington that m
matter be allowed To remain In the commit
tee until after the City Solicitor renders hi
opinion on said law, as your Omnittee car
not at present report intelligently on sal
communication until this matter is settled
Your committee believe 1t would be unwis
to advise in any way"
CHARLES W. TALLEY,
f. b. +. MILLER.
The report was adopted.
The same committee reported in favor o
investing the Herdman bequest of 81 600
for the purchase of fuel for the poor, in
city bond. Adopted.
The Law Committee presented the fol
lowing opinion from the City Solicitor:
| In answer to your request 5y resolution
passed at your last stated meeting, request
ing my opinion as to the eonstitutionality O
IAN Act creating Board Of Water Com
missioners for the City of Wilmington, auC
for other purposes" passed at Dover, April
| Is, 1888, have to say as follows:
1t was impossible for me to complete ms
| investigation into the constitutionality OF
said act by tonight The questions involved
are OF serious character, some of them
being entirely novel in the history of the
State. The authorities have been collected
by me with great difficulty, and have been
further hampered by the present session OF
court. / am now carefully going over the
authorities and will use every endeavor to
have my opinion ready by next Thursday
night. Yours. respectfully,
HENRY c. TURNER,
City Solicitor.
The communication was received and
filed.
The Opening Streets Committee reported
in favor of accepting the award of the Com
mission for opening Union street, from
Fourth to Eighth, excepting that of John
O. Sterling, which they deemed too hlgh.'
The report was laid on the table to give
Mr.. Blake, member OF the committee, time
to prepare minority report.
Same Committee reported favorably on
the petition for the grading of Heald street,
from Peach street to Garasche Lane.
Adopted
The Police Committee reported Fl,e bill
of Chief of Police Hawkins, for feeding
prisoners during the month of April,
amounting to $3.50.
Mr.. Baugh called for reading of the bill
by items, which was done. The charges
were at the rate of Is cents per meal for
each prisoner, ,and the correctness of the bill.
together with statement that the amount
charged was the actual cost of the meals,
were sworn to by the Chief before the
MAYOR.
Mr.. Baugh objected to the charge of Is
cents per meal as being too high. 1t was
the same rate that had been
harged for years, and the food was pur
chased now, as usual, from the CLAYTON
House, in bulk, at 25 cents for large
bask etful. The new city charter requires
that the Chief shall now charge no more for
feeding prisoners than the actual cost of the
meals; and he therefore moved that the bill
be recommitted to the committee for further
consideration.
Mr.. johnson said the Chief had sworn that
the amount charged was the actual cost of
the meals furnished, and an objection to the
bill was reflection on the Chief and an in
timation that he had committed perjury.
Mr.. Baugh's motion was defeated and the
bill allowed by strict party vote.
Mr.. Blake presented minority report on
the award of the Commission on open.
ing of Union street, which recommended a
new commission, as the award to Peter j,
Ford is too low, and one of the Commits
sioners, B. Lundy Kent, is also dissatisfied
with the amount awarded to Mr.. Ford.
After discussion OF the subject the min
ority report was rejected by vote of 12 to
z, and the majority report coming up Mr..
Bailey moved to amend by accepting the
return of the Commission, with
out excepting the award to Mr.. Stirling.
Mr.. Bailgy's motion was adopted by
fNNn oC ali
amended.
The City Treasurer reported an overdraft
In bank amounting to S3,31647.
The Auditor reported collections for the
past week amounting to S3,316.47.
The Street Commissioner reported 25 men
and teams employed In the Street Depart
ment; pay roll, $l9S.66
The Chief Engineer reported Is men en-
ployed in the Water Department, pay roll,
S2l7.3
Mr.. Baugh stated that he had refused to
sign the pay roll of the Water Department,
as he believed that Council had no power to |
pass it,since the Water Commission law had |
gone into effect. He therefore called the |
yeas and nays.
President Conrad stated that he noticed
the pay roll was not audited by the CITY
Auditor, which rendered 1t necessary for the |
roll to be called. Then, at his request, the
Solicitor read the section of the charter re-
Ie erring to this fact, which provides that
when the Auditor refuses to approve any
bill or claim, it requires vote of Council to |
overrule his objection.
Mr.. Baugh inquired If Pres ident Conrad
had not received notification from the
Board of Water Commissioners relative to
their assumption OF the charge of the Water
Department.
The President replied that he had received
from the Commission notice that Chief En-
gineer Coyle had been deposed, and was
about to have it read, but Mr.. Moore OBJ
jected.
Mr.. Garrett asked II the Solicitor had not
written the notices and resolutions of the
Water Commission, and If he was Solicitor
Ior the Commission or the city He SAID the
Solicitor seemed to have found time to at
tend to the Commission, but was too busy
too give Council his opinion as TO the CON
of the Water Commission act.
The Solicitor replied that the law made
him the counsel Of the Commission as well
as of the city, and that he did not presume
to determine the question of the constjtu-
tionality of the law, which is for the courts
to determine, but meanwhile the law must
be obeyed.
The payroll was then passed by strict
party vote.
Petitions and communications were read
and referred as followsi From Charles Null
len and others, for curbing and gutter paw
Ing on the north side of Reed street. between
Monroe and Adams. From @. & ], PYLE.
asking that Shipley Run sewer be repaired
aud straightened between Sixth and Seventh