Daily Republican., 1883-06-01
FRIDAY. JUNE 1883.
IL the Water Comm isstOn Bill Con
HtieuliOn0l.


stisutiOnal.
We are reminded again, this time by
the ricketty wind-shaken concern in the
old church reCtory, pr ostituted for ig-
noble purposes that the City Counc |
standing out against the usurpation
of the Water Commission is in rank re-
bellion against the laws of the State. 1t
argues upon the presumption that be-
cause the Legislature passed the law it
is therefore lawful and must be obeyed.
This in one sense is true, but what are
the people to do when such laws are
tyrannical, unjust, oppressive, increase
taxation, and withal believed to be un-
constitutional
The Legislature of Delaware had as
good right to pass this Water Com
mission law as the British Parliament
had to pass the law taxing the colonies
for the paper and tea they used without
granting them corresponding privileges,
Resistance to an oppressive law by the
City Council and three fourths of the
citizens of Wilmington is as justtiable
now as resistance to the acts Of the
British Parliament by the American
colonies. But resistance to the same ex-
tent is not advocated nor contemplated
Nv tho rity r,un,;l II 10 nrIv oul, al
that the operations of the Water Com
mission law shall be postponed until it
is ascertained by legal process wheth-
er the law is constitutional There is
more at stake in the operations Of this
Water Commission bill than what APP
pears upon the surface. Though the
principle object of the bill was to make
a lucrative office for H. B. McIntire,
there is something in it that reaches far
beyond his personal interests. The Leg
islature could as well haze provided for
Mr.. McIntire by passing a plain ex.
plicit law saying in effect that hereafter
the City Council shall have no authority
to elect Chief Engineer of the Water
Department, but that II. b. McIntire
shall Do that otfic as long as he desires
This would have been more to the point
and would have accomplished the main
purpose of the Water Commission bill
in more direct manner This need
not necessarily have entailed upon the
taxpayers increased taxation. 1t need
not have stepped in and disarranged the
agreement between the city and its
bondhoding creditors, which involves
the Constitutional point at issue. 1t is
this point upon which the City Council
contests the power and assumed rights
of the Water Commission. The city
has contracted III its name with certain
bondhOlders to pay the latter large
amou.ts of money when the bonds
reach maturity. For this the credit Of
the city il pledged. The water bill
transfers these bonds to the Water Com
mission, Commission that gives no
security for anything it holds, nor for
the faithful performance Of its duties.
If the Water Commission fails to pay
the interest on the bonds and the prin-
cipal when due, who is TO pay them +?
The Legislature by its act has placed
these bonds in the hands Of a Commits
sion that have not given security TO do
anything. The gentlemen composing
the Commission possess high degree Of
character, and are upright, honest riti-
zenS, bu should this exempt them from
giving security that the interest and
principal Of 'he water bonds will be
faithfully paid out Of the revenue, Ofthe
Water Department Theqn"Stion then
arises, if the Water Commission fails to
pay the interest on bonds can the city
be made to pay them after a law Of the
Legislature has removed them from he
control of the city . These and more
points are raised upon which the con-
stitutiOnaity of the Water Commission
il contested, and not until the City
Council is sure that both the city and
its bondhoding creditors are safe does
it intend to cease resistance to the Wa
Ter Commissions II will y" Tor the peO-
pie tomorrow TO say Ivy their votes
whether resistance against tyrAuuicai
usurpation shall cease, It will be for
them to say whether the city .hal sub
nit to unjust and increased taxation to
support atyrannica assumption Of pow
er under no Obligations to nobody.