Evening journal., 1889-08-10
THE CHECK ORDERED PAID
MINORITY REPORT OF THE COMMIT
TEES REJECTED BY COUNCIL.

The Joint committees of Finance and
Law Of City Council were in session last
evening, considering what action they
would take on the protested check until
the special meeting of City Council, TO
which they were to report. was called to
order. The committees had meeting of
an hour and a half in the afternoon.
They met again early in the evening and
held a protracted session until $50
o'clock, when Council was called TO order.
AT the afternoon meeting OF the com
mittees City Solicitor Turner'S opinion
was read, advising Council to instruct
the bank to pay the money. A majority
Of the members took the view of the
matter that was presented in yesterday
EVENING JOURNAL, that Council had or
dered the check paid over, aud as its
payment had been stopped without the
authority of Council, the latter body had
nothing to do with the matter. A report
embodying these views was made out and
signed by a majority of the committee
1t dawned on them afterwards, that
this report would virtually censure Pres
ident Farra, Clerk Messick, Chairman
McGonigal. Treasurer Griffith and Aud
itor Newell for signing the request to the
Union Bank TO stop payment on the
check 80 about Z 80 o'clock the commit
tees held another meeting. and Mr. Nc
Gonigal offered report instructing the
officers Of the bank to pay the check
This report was adopted by majority Of
the members of the committees and the
others decided to present the report FIRST
as minority report
There was much discussion City So
lici.or Turne radded TO il by telling the
committees that when they asked for On
opinion they we're required by law to
abide by it, untilthe law set it aside.
The Majority Report.
After the meeting Of Council had been
opened Mr. McGonigal presented the
majority report of the joint committees
/ of Finance and Law on the subject which
is follows:
WILMINGTON, Del, August, 1899.
To the Honorable, the President end
Members of Council.
GENTLEMEN: The joint Committees
of Finance and Law, to whom was refer
red the communications of the Union
Bank and the directors Of the Street and
Sewer Department would respectfully re-
port;
That with a knowledge of the feelings
of Council in a matter of a division of
the city funds, gained from the history
Of its actions from the time of its re-
fusal to divide them to the present, your
committee. from legal advices obtained,
have to recognize the fact that what is
known as the sc street rider"-no mat.
ter how much to be deplored or by what
means passed--it passed by presumption,
and until otherwise determined by the
courts, we feel constrained to avoid any
steps towards litigating the subject on
account of the great expense, incon
venience and confusion that might follow
As the communication Of the Unior
National Bank requests instructions a.
to the disposition OF the check for 1920,
600 to the order of the directors OF th'
Street and Sewer Department, your com
mittee would recommend to your honor
able body the following resolution:
Resolved, That the Union Nationa
Bank be and is hereby directed to homo
the check for $3.50, 900 to the order Of th'
directors of the Street and Sewer De
partment for their yearly appropriation
for the fiscal years Of 1sS9-1S9O-
JAMES F. MCGoNIGAL
"PHMIP r. SHEA,
Finance Committee.
I'D. A. FORREST,
"F, B. COTTON,
"IsAAC DILLON,
Law Committee.
Before any action was taken Mr.. Nc
Kenney arose and said the minorit.
members of the committee had report
He sat down, however, before presenting
il. and Mr. Roberts asked that the repor
of the committee of investigation of thu
; &c street rider" bearing date of jun
30, be read Clerk Messick got the lonl
report and read it,
During the reading of the latter par
of it Mr.. McGonigal bent over Mr.. Nc
Kenney's desk and talked in low tones
! When the clerk had finished reading tn
report, Mr.. McKenney said that tn
minority of the committees had report
but he guessed it had been pigeon holed
City Solicitors Opinion.
The opinion of the city solicitor wa
+ then read as follows:
= WILMINGTON, Del August Q, 1889.
To the Finance and Law Committees q
s the Council of Wilmington.
GENTLEMEN: At a meeting of the Lay
aud Finance committees, held this after
a noon, the communication Of the Board q
i Directors of the Street and Sewer Com
, mission and communication from til
Union National Bank in reference TO tn
protested check Of the city for $i20, 90
were handed to me and my advice as legi
9 adviser was sought as to the cours
+ proper to be pursued in the matter III
facts are: A check drawn on the Unio
d National Bank for $120, 900 being the az
}, nual appropriation Of the Street an
n Sewer Department for the current fsoi
year made to the order Of the three d
rectors of that department and signe
= by the proper officers Of I'll
- city, by direction Of Council wa
by the said directors, properl
endorsed and deposited with the Securit
/ Trust and Safe Deposit Company. On I'll
o 9th day of the present month the trea
It urer of that company presented it at IL
Union Nation Bank for payment, al
n payment was declined. Afterwards Z
; the same day the signatory parties to Il
n check, together with the chairman Of IL
Finance Committee, united in letter
the Union Bank, asking them to decliI
q payment of said check. On the same dc
u the check was again presented and pa,
p ment was again declined; upon which
o'clock the check was protested. In Il
re communication which is addressed
], your honorable body by the Union nj
1t tional Bank they admitted the posse
sion Of public funds to meet the checl
- and shielded themselves from non-pa,
y ment by the use of the letter signed
N the drawers of the check and aboY
alluded to, and they only desire to kno
the wishes of vour honorahla hodv in ~