Morning journal and courier., 1888-02-10
THE LAMP INSPECTOR.

Is the Lamp Inspector Legally AP' ! pOinteda-The Committee on MunfcI pal Affairs Present Their Views on She Subject-Ex-AlderMa William Noonan Elected.
 The lamp committee, consisting of Alder
 men Clancey, Watrous and Hollinger, held g
 meeting at the City Hall last evening. At
 torney John 0. Gallagher appeared before
 them in behalf of the committee on muniei-
 pal affairs of the Chamber of Commerce, in
 accordance with the vote recently passed by
 that body directing its committee to call the
 attention of the city government to the pres. ent illegal manner of appointing lamp in- spector. MT. Gallagher began by giving a brief account of the work which the commit tee were undertaking, which was not an at tempt to run or overthrow the city govern ment, but simply to correct any irregularities or illegalities which might be found to exist under the present charter. One of these ir- regularities was the present method of ap- pointing the lamp inspector. The power of the city government to light our public streats and parks is conferred by sections 27 and 2S of the charter, the latter of which is as fol- lows:
 Section 2s Said Court of Common Council in the tion and under like restrictions shall have power to hereinafter in this section enumerated to wit: To make repair purify light and keep open and safe for public use and travel and free from encroacbEnent or obstruction the streets, highways passways sidewalks aud public grounds and places in said city.
 "From these extracts from the city charter it would appear" continued the attorney, "that the duty of lighting our streets and parks has been intrusted by it to the Court of Common Council-the aldermen the coun- cilmen and the Mayor. It is well known fact, however, that for years notwithstanding the directions given in the charter the com- mittee on lamps has been composed exclusive ly of aldermen and few years ago city by law was passed giving the board of aldermen sole authority to set up such lamps in the streets and public places in the city. for the purpose of lighting the same, as they may determine to be fconvenient and necessary. The appointment of the lamp inspector, which is not the least important thing con nected with the lighting of our city, has for years been left with the committee on lamps.
 ''The principle of law is 6 plain one that the public powers or trusts deyolved by the charter upon the Common Council, to be ex- ercised by it when and in such manner as it shall judge best, cannot be delegated to others. The charter intends in this matter of lighting the city, as in all the matters enumerated in sections 27 and 2S, the alder men, the councilrnen and the mayor shall as g deliberative assembly assist each other by their wisdom and experience and by the passing of votes announce the results of thsr determination. This principle does not prevent the Common Council from appointing agents or committees and investing with duties of ministerial charac- ter. In other words, the duty of determin- ing how many lamps there should be, in what places they should be set up, whether electricity, gas or naptha should be used ought properly to be determined by both branches of the Common Council and not by the aldermen alone. AS with the lamps so with the lamp inspector. Every member of the Common Council should have 8 voice in creating the office, in fixing the salary in prescribing the duties and in electing the officers. In view of these facts we respectfully submit to your committee single question and ask that it receive your careful consideration. Does the charter of the city of New Haven confer up- on the lamp committee the power of appoint ing lamp inspector!"
 At the conclusion of MT. Gallagher's re- marks Aldermen Clancy and Watrous asked several questions concerning the subject of his address and they were informed that no legal steps were contemplated at present. City Clerk Shanley, who was present during the meeting, announced that @ resolution covering sub stantially the same ground had been referred by the aldermen to thes committee on ordin- ances and that if the councilmen concurred in the aldermen's vote that committee would be able to investigate the matter. The com- mittee then went into executive session and proceeded to vote for lamp inspector. Ex- Alderman William Noonan was elected, but the committee refused to state how many hall lat fo1y har fha