Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1883-05-25
TURNER W.. WATER COM ISsION.
A Lengthy Opinion on the Consti.
Nationality or tho Water Comsnis-
sion Rtll

d sion Bill.
ir The opinion Of City Solicitor Turner
presented to City Council last evening
l. is as follows
II After stating that he had been called
" on TO prepare an opinion npOn the con
J. stltntionalifv Of the act creating tht
= Water Com mission, he says
r The city of Wilmington is a munici.
! pal corporation constituted as such bv
: the General Assembly of this State and
y the General .Assenibly, which creates
E inns cprprriitlon under the name of the
Mayor and Council OF Wilmington,
= can, at its pleasure, take it out of exist.
, ehce. The charter of the city of Will
\ ininston does not constitute a contract
. between the State of Delaware and the
T municipal corporation in question, so az
. to deprive the State of the right.
through the General AssembIy,to modi-
~ or repeal the charter at will. The
, principle of law must br taken sub iect
10 III" exceptions that the General As
Seihhl cannot pass law impairing
, ne obligation Of contract, nor can IL
d'vest the 'nhnicipal corporation of its
vested rights in property.
hen the General Assembly created
he municipal corporal ion of The May
or and Council Of Wilmington the dis
tllbution OF LJwer and the agencies
through whicn they were to be e erciseat
were not confined by the General As
sembly to the corporation itself, but in
the charter the agents were nominated
ana Their Respective powers and duties
described and assigned. Thus the Mayor
| n a. SElII
III the local and internal government
thereof and the Council is another, and
the powers of both are assigned aud lini-
tedby the General Assembly The pow
ers so assigned TO these different agencies
may, under the right to regulate be, by
the General Assembly at any time,
modified or entirely withdrawn and
the General Assembly may create new
municipal agencies and make u new
apportionment of municipal powers
among them.
"The ciLy Of Wilmington, az a muni i
cipal corporation, owns certain W ater
Works and their appurtenances within
its limits, the title thereto being vested
in the Mayor and Council of Whining
ton This property was acquired by
the corporation under the authority of
the General A scmbly for the purpose
OF atfording to the citizens water sup
ply.
Up to April IL, 1883, tie date of the
passage of the act now in question, the
control of the said Water Works and its {
appnrte1ances was lodged in that de {
partnnent or agency of the government :
of the city of Wilmington known as
the City Council, and such man age i
ment and control WAS only il the City
Council because the General Assembly c
had seen Iit, in its discretion, to contile
to the City Council the power to man
age and control the same. =,
I" But although the General Assembly I
I'D in the first instance designate the
Clty Conhcl as the agency to manage
and control the Water Works and
water supply, it need not have done so. a
It might have granted those powers TO b
my other municipal agency. And the
act that the General Assembly dit, in \
he first instance confide to the City =.
Council those powers, does not confer
lpon the City Council any vested rights :,
II those powers rs against the State 1
"The General Assembly has the d
'0wer at any time to take away those 81
'"wers, III whole or in part, and to vest
hem in any municipal agency now in II
xistence in the government, or to Il nj
cw municipal agency created BY the @
ieneral Assembly. This the General ly
Issembly can do by virtue of its Consti- at
ltional power Of general legislative de
equation.
"By the act of April ls, 1883, the he
and control of the Water s,
Vorks and water supply of the city of 10
llmlnston is vested solely in u board
three Commissioners provided for in
ie said act. The board is further given g., S,'
be control and management of all fu. ''
ire Water Works property to be ac-
nlred ny the corporation In other go
ords, the said act takes away from the FC
lty Council certain powers heretofore
,ercised by it under legislative enact M
"nt AS one of the agencies of the gov pr
and places those powers in
r hands OF another municipal agency, O.
lmeiy, The board created by the said ., Se'
t, to be used for the same purpose. 10
The Solicitor then quotes sections ., 7
i, y, II, u and IA of the act and con. an
lurs:
" The effect Of all these provisions,
Ken together, i. to transfer and vest {
e entire control Of the Water Depart the
eht and water supply to and in the the
'ard of Water Commissioners from III,
Il after their organization, and in my itst
iulon, this Is within the constitutions peo
power of the General Assembly. No EXC
lerr IN the act now under consiiera- win
n does the General Assembly divest are
municipal corporation oi its proper. titi
The title thereto continues in 'The MOI
ty"r and Council of Wilmington of {
IF does The General Assembly alter few
: 'iSes for which the property was TAX
lnirtd. The USES remain the same. wer
G General Assembly only seeks to am,
.tiliie the management by shift NJ 90 {
IRON one municipal agency to the
,thtr." tifta
ec'lon X is then quoted, and the So ratl
tor says further: sion
! have thus considered, and | be- on.
'e, fully answered the questions con- or t;
led in the resolution of Council re- not
'stlng my opinion, and all sections stat,
ne act having relevancy thereto, us ~
ho'lt discussing any imnaginary or ri *
cu'aVi'e heS'iohS winch have not plea
arisen aud may never arise int
lllrrc Is one fact to which | lps,r. il "
u your '''eh'ioh as shedding some kno,
IL llon lie creation of the Buar,i of so II
'e' ''i'u'iSSloi"rs. W hen the bill one
"h ~ an act 10 revise and cons"li- who
+ ,he statutes relating to the city OF start
"'lns''h I.SseA at the last session som
ne ''rnerai assembly. was first i'll first,
lnce' ih'" tho House OF Representa- whic
y, IL Pfo''nc'l that council should here
rciss the power to manage and con. there
the Water Works and water supply This
The bill WAS amended ont f
arons particulars, and one of those line,
ndmcnts struck out the power of hreal
iI'll 10 manage anu control the said gratl
ter Works and water supply, as viii. are d
ear upon inspection Of the Journal any
Ie House of Representatives, and the them
70 amended passed both Houses of Ouak