Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1883-06-15


more during the evening.
The Lamp Committee reported favor
ably on the following petitions Eli
Mendenhall, lamp on Eleventh between
West and Washington streets W. I.
Rbinson, lamps on Hasle tstreet : j l..
Carpenter, lalup on Harrison street be-
ween Eighth and ninth streets p. Il.
Truenan for three lamps on Beech and
Oak streets ; +. Monaghan, lamps on
Madison and Monroe streets.
The City Treasurer reported 2j,S.6.75
overtlrawn in the Union National Bank.
The usual communication was received
from the City Auditor, returning the
check drawn last Tuesday night in
favor of the Chief Engineer Of the
Water Department, with his reasons
for not signing it,
Mr.. Stevenson offered II resolution
that the decision of the City Auditor be
overruled, when Mr.. Farrel rose and
read from paper, as follows
Some of the members OF this body
must have II misconceptiOn of their
duty. They are not here by chance, but
are chosen from the aggregatc Of the
population. They are not here toluar-
tion TO the enactmsntS of the legfsla-
ture, but to enforce them rather they
are not here to make imperative the
laws as found. You on the other side
probably think that by the backing
down of the Auditor you will be helped
in your efforts to defy the law. You
will find, however, and sp edily, that
in compelling the Auditor to atlx his
name after his objections that you have
clt the ground from under your own
feet and given the Commission the OPP
portunity to begin tAc'iouS opposition,
and they will enter action to enforce
law and order
"You are all, no doubt acting in the
light given you, but it is certain that
while You imagine you have the Water
Commission by the hip you will find
that they have you by the hip. | am
not IA champion of the Commission, but
of law and order. Yon will find that
you cannot set yourself up at your own
sweet will The people are tired OF the
farce now being enacted on The floor Of
this chamber. The matter might be
settled if some gentlemen on that side
OF the house would consult with some
on this side, thus bringing about an
amicable adjustment. The $500 is vo-
ted to pay special counsel to impede the
Water Commission, and it is taken,
not out Of your pocket or mine, but out
of the pockets of the people to stir up
strife.
He said that this act was passed by
the Legislature, and as such was the
law. The sooner the people of this city
understand that they are governed by
the Legislature, the better it will be for
them. The citizens of Wilmington are
IL law-abiding people, and he considered
life and property as safe, if not safer,
in this city than in any other place of
equal size in this country. He again
urged the Republicans to cea >e their
opposition to the Water Commission,
and submit to the law. While Mr.. Far
rell was speaking there WAS a faint at
tempt at applause, which he desired
should cease, as he did not wish to be
applauded for doing what he considered
was his duty.
Mr.. Pickels said he did not think it
scarcely worth while to reply to the elo-
quent remarks of the gentleman from
the Fourth ward, but he merely wished
to say Il few words in reference to this
Commission He claimed to be law
abiding citizen, but when gentlemen,
who are versed in the law, gave their
opinion that the act creating the Water
Commission was unconstitutional he
was in favor Of having it settled even i'll
it had to be taken before the highest tri.
bunal in the United States.
tl,; moi mr. thnr.. u-aS I,nI n III a
and cries of good - good" that's
ed the demonstration, and Mr.. Pickles
continued The whole thing, in his
estimation, was begotten in sin and
conceived in niuuity. The act Of the
Legislature was ua jnSt, uncOnstit'ltion-
al, null and void. The Legislature had
taken the Water Department out of the
hands of the city and put it into the
keeping of three men who had not been
elected by the people, and one of the
three had openl y taken the office otCom
missioner SO as to be able to elect a cer-
tain man
When the proper tribunal had passed
upon the matter the Council would be
governed by its decision, but until then,
they proposed to fight it by every
means in their power. The vote was
then taken, and Mr.. Stevenson resolu-
ton ovcrruling the Auditor carried by
II ayes to 10 nays
The following communication from
the City Auditor was received and filed:
WILMlNGTOS, June II, 1898.
TO the President and Members OF
City Council-GENTLEMEN In my
communication Of June I, to your hon
orable body,l expressed my regrets that
| should be compelled in the future to
withhold my signature to drafts or or
ders of your honorable body to pay the
debts of the Water Departm mt in order
to protect and save harmless from legal
liability both m. self aud my sureties
AT the same time also expressed the
readiness to furnish the needed sigma
ture if it should be shown that | had
the Lawful authority to do so without
legal liability to myself and my sure
ties. Since transmitting said commu-
nicatiOn to Council have taken the le
gal opinion of the most eminent mem
bers of the bar in this city.
Althougha IA difference of opinion ex-
lists l am advised by my legal coun sci
that may without the liability afore-
said atfix my signature where my OBJ
jections to drafts or orders have been +
overruled by Council. Accordingly
deem it proper to inform your honora.
BILE body that shall hereafter sign all
such drafts or orders. feel constran-
ed thus to yield my own judgment, the
more especially az 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 ohliga-
tion Of a 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 adjndged
it invalid.
In adopting my present course | de-
sire to have it understood that Am
unalterably convinced that the City |
Council, since the passage Of the Water)
Com m ssion art hus M laual nnU.r n i