Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1884-06-24
Have Va Q water Commi salem?

the agency of a Board Of Water Con
missioners hereby created, etc." Sec
ton 2 of the act provides "that Wi
liam T. Porter and Caesar A. Rodne
and Lewis Paynter, of the city Of Viii
mington and State of Delaware, ar
hereby appointed and constituted
Board of Water Commissioners for tn
said city under this act, etc.
The same section requires the BOart
of Commissioners to meet and draw by
lot the term which they were to serve
They met, and Mr. Paynter drew thu
two-yea term, Mr.. Rodney the four
year term, and Mr.. Porter the six-yeal
term. Since the organization Of the
Commission two members of it
Messrs. Paynter and Rodney-have
died, leaving only Mr.. Porter as the re.
naming member. The question is, does
one member constitute a Board Of
Water Commissioners ? The same
section from which we have quoted
provides that the said Board shall
have power TO fill all vacancies in its
mem bership for the unexpired term, but
all of the members of said Board shall
not at any one time belong to the same
political party"
If William T.. Porter, the only sur
viving member of the Board, is ga
Board of Water Commissioners " under
the law, then he will have power to fill
the vacancies created by death. But
is he a Board Of Water Commissioners
Gin the pluraD such as was contempls
ted by the act? Let us turn to Web
ster and see his definition of a Board.
Here tits " A table at which a coun-
Gil or court is held hence council
for business, or any author
lied assembly or meeting constituted
body of directors, trustees, commission
ers, etc."
Does this meet Mr.. Porter's case Is
he council or court? Can he convene
himself for business? Is he consti-
tuted body of directors, trustees, com
etc Now let us see Web
ster's definition ola commission. Here
it is: A company Of persons joined
in the exercise of some duty or the
charge Of some trust" This Is very
plain. Is Mr.. Porter that company
joined, etc?
Bat let us see If Webster is backed up
by other authorities, for sometimes au-
thorities disagree. Here is Iell's cyclic
pedia at our elbow, what has it to say ?!
Board" a body Of persons joined in an
'tfice of trust as lunacy commission"
Commission" Il collective body of i'll
iivduals who ars convened to deliber-
tie on or control the operations of some
public or private department of business
II who may form a Court ofjurisdiction
,vrr certain Off cial matters, as a Board
# Guardians, the Board Of Trade, etc.
How does William +. Porter, or any
prher one nan measure up TO these re-
lurcmrutS
Mr.. Porter can be n Board of Trade or
! Euard Of Guardians just rs easily as
be can be u board of Water Commits
,ioD"rs. We doubt very much if the
Legislature that created the act ever in
rerIrl that one man should constitute
a Board Of Water Commissioners. We
are rather inclined TO think that it was
intended that when Il vacancy occurred
it SHOULD be Immediately filled by APP
by the remaining two com
but failing to do this it;can-
not BE- expected that one man shall
have the power to Io what is required
Of two men.
1t looks to us very much as if the
Water Commission had collapsed, and
there was no power to revive it again.
If Mr.. Porter is Board of Water Com
missioncrs he could revive 1t, but if he
is not he cannot do il. The Governor
Of the State cannot fill the vacancy for
the Legislature having reserved that
ri Lht to appoint the members gave the
Governor no power The Mayor can
not II II the vacancies until July, 1885.
possesses that power unless it
be Mr. Porter, and indeed we cannot
SEQ how b" can convene himself into an
and perform that important
dnty. Clearly there is no Board of
Water Commissioners, and if Mr..
Porter is wise he will not attempt to
create one. 1t will be much better
20 keep along in the good old way.