The daily gazette., 1883-01-23

BlOu Vi .C0NuEHt III WHICH each member
shall be allowed TO speak on the subject
before the Council not more than twice
and not exceeding five minutes each time.
without special leave from the President OF
Council, or of the Council on appeal from
bis rulings; and before the vote shall te
taken oh the final approval Of section, the
revisers shall have further opportunity to
| make any explanation In regard thereto
which they may desire, not exceeding ten
minutes each, unless the time for such pur-
pose be extended by the President of
| Council.
Mr.. Quinn moved to adopt the charter as
as whole.
Mr.. Beecher moved to have his resolution
adopted.
Mr.. Garrett was opposed to giving the
two revisers "ten minutes and two or three
licks at IT, the sections as taken up1 land
only give the members of Council fve min
utes." He didn't believe IN giving others
more than you give yourself
Mr. Beecher then, on the ground that too
much time was consumed In useless talk,
withdrew his resolution.
Sections IL and 13 were then read and
adopted, as follows, the latter being amended
by inserting SIT he shall be found guilty"
SEC. IL. The seal now used as the seal OF office
of the said Mayor, shall continue to be used as
such until the same shall te changed, altered,
OF renewed Dy LDo CQuuCils
SEQ. i3. Tne Mayor may be removed by n
vote Of two-thirds Of the whole Council, II he
shall be found guilty. The reasons for the re-
mosal shall be entered on the journal.
Section IA was then read by the Clerk.
Mr.. Talley had no recollection of the
Mayors court ever being held, and as he.
thought II was obsolete he wanted to know
why the revsers had put 1t in.
City Solicitor explained that the General
Assembly had, by authority of the amended
constitution, given the power to establish
the Mayor'scourt, by which many nusances,
such as assault and battery, etc., were dis
posed of without having them sent TO the
superior Court at great and useless expense
The reason the Mayors court was obsolete
was because the Levy Court had, by its
power, succeeded In shifting the expense of
the same upon the city when the county
should bear the cost. There would be no
more expense In running the Mayors court
than was connected with the Mayors sitting
as committing magistrate.
At the conclusion of his explanation he
stated to Council that the sentence, "His
fee, for all services In any prosecution, shall
be three dollars" was Incorporated in sec
tion Ia at the instance of Mr.. Patterson.
He, Turner, had never received fee and
was opposed to the fee system. When
salary was paid that ought to be sufficient.
Section IA was then passed and imme-
diately after 1t section Is. They were as
follows:
SEC. IA. The Mayor and the President Of
City Council, either one constituting quorum,
shall have power and authority to hold aud
keep court of record, within the said city, by
the name, style end title Of 1.-THE Mayors Court
for the City Of Wilmington" There shall be
four terms of said court In each year, to COM
mence on the first Monday of March, June.
September, and December, and to be continued
INV ~ naN RnN ~ A omAh ha
Sec. 10. Tho said Mayors court shall have
full power and authority TO inquire OF, hear,
try, and finally determine all those criminal
matters and ofenses enumerated In the IF
teenth section OF the sixth article of the
amended constitution, and committed within
said city, and to punish all persons convicted of
said oftenses or any Of them, agreeably to the
laws of this State; and also to inquire Of hear,
try, and determine all offenses which shall be
committed within the said city, against any of
the laws ordinances, regulations, or constitu-
tlon Of said city, and to punish the offender or
offenders as by the said laws, ordinances reg
ulations constitution, shall be prescribed; aud
also TO impose fines according to law, and to
levy the same, and to award process take re-
eognizance for keeping the peace, for being Of
good behavior, and for appeAi ance, or otherwise,
or TO commit the prisoner, as occasion shall law
fully require, without being accountable to the
state for any fines or amercements to be i'm
posed for the said offenses, or any of them, ex-
cept such as are, or shall be, by law, made pay
able into the State Treasury, for ofenses against
the State. The said court snail have authority
TO punish contempt, and to issue all process
necessary for the exercise of its Jurisdiction,
which process may be executed in any part of
the State. The said court shall not be deemed,
or taken TO be, court having common law jur-
tsdlction.
Sections 16 to 10 were then passed with
out discussion:
SKo 10 Prosecutions In the Mayors court
shall be by Information, without Indictment by
grand jury, or trial by petit jury.
SEQ. II. The solicitor of said corporation, for
the time being, shall be, er oGlcio the proseout-
lug officer in the Mayors court, providing that
the Attorney General of the State shall have
the right TO prosecute In person, or by his
deputy.
as clerk Of the Mayors Court, and shall have
the care of the records Of the same; provided,
that the City couacil snail nave power to
make any other appointment to said office.
SIC. 10. The fee for the attendance of wit
ness in said court, provided the witness is an
inhabitant of said city, shall be one dollar per
day In all other cases, and for all other SER
vices, the tees shall be same Bs are provided for
like services by Chapter i26 Of amended
REVISED Code.
Sections 20, 81. 20 ard 2s, which define
the different duties of the Mayors court,
manner of appeal, etc. were passed with but
one exception. Mr.. Quinn took exception
to the words tbut any person so committed
may, within three days, thereafter appeal"
He didn't think 1t just to deprive q man of
his liberty and keep him locked up for three
days before he could take an appeal. Mr..
johnson, enlightened the Second ward
representative by explaining that an appeal
might be taken within two hours or sooner
after commitment. Mr.. Quinn sat down.
Sections "a, 25, 90 and "a were passed.
The latter sets forth that In the absence of
the Mayor the President of Council shall sit
and perform the duties of the Mayors
court, and in the absence of the President
of Council the members of that body shall
appoint Mayor pro tenn. "from the MEM
bers of Counci3s 70 act during temporary
absence or inability to act of the Mayor.
The words quoted were inserted at the in
stance of Mr.. Garrett.
Section % was read and passed, Mr..
Quinn asserting that "laws were made for
lawyers and not for the people,
Section 20 was taken up and passed after
Mr.. Quinn had made a remark upon the
same. The section was the first one con-
eerning the election of Councilmen, setting
fourth the manner of SO doing.
Section 80, explaining the meetings of
Council and number of members necessary
to transact business created q long, tiresome
and desultory talk, but was at last passed
with one change and one addition, namely
twelve members instead of ten were made
quorum to do business and "a majority Of
votes of all the members of CouncIl' made